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JOURNAL 

OF  THE 

PUBLIC  AND  SECRET  PROCEEDINGS 

OF  THE 

CONVENTION  OF  THE  PEOPLE 

OF 

<3r  33  O  HL       X  -£L  9 

Held  in  Milledgeyille  axd  Sayaxxah^ix  1861. 
TOGETHER  WITH  THE  ORDINANCES  ADOPTED. 

PUBLISHED  BY  ORDER  OF  THE  CONVENTION. 


MILLEDGEYILLE,  GA. : 
BOUGHTOX,  XISBET  &  BARNES,  STATE  PRIXTERS. 

is  61. 


JOURNAL  OF  THE  CONVENTION, 

HELD  AT  MILLEDGEVILLE  IN  OPEN  SESSION. 


MILLEDGEVILLE,  GEORGIA,  > 
Wednesday,  January  16,  1SG1.  ) 

In  accordance  with  a  proclamation  issued  by  his  Excel- 
lency, Joseph  E.  Brown,  Governor  of  Georgia,  hearing  date 
21st  November,  I860,  delegates  from  the  several  counties 
of  this  State,  duly  elected  by  the  people  thereof,  assembled 
this  day  in  the  Capitol,  and  at  the  hour  of  half  past  ten 
o'clock  A.  M.,  on  motion  of  Mr.  Styles,  of  Ware,  the  Hon. 
Henry  L.  Benning,  a  delegate  from  the  county  of  Muscogee, 
was  called  to  the  chair,  and  Arthur  Hood,  Esq.,  a  delegate 
from  the  county  of  Randolph,  was  appointed  Secretary,  for 
the  purpose  of  organization. 

The  Governor's  proclamation  convening  this  bod}7  was 
then  read,  and,  on  motion,  the  Secretary  proceeded  to  call 
the  counties,  when  the  following  delegates,  from  the  coun- 
ties prefixed  to  their  names,  upon  the  presentation  of  certi- 
ficates of  election,  were  duly  enrolled  as  members  of  the 
Convention  : 

Appling — Seaborn  Hall,  J.  II.  Latimer. 
Banks— W.  R.  Bell,  S.  W.  Pruett. 
Baker — A.  H.  Colcjintt^C.  D.  Hammond. 
L-j~ Baldwin — A.  H.  Kenan,  L.  H.  Briscoe. 
Berrien — W.  J.  Mabry,  J.  C.  Lamb. 
Bibb — Washington  Poe,  John  B.  Lamar,  E.  A.  Nisbet. 
Brooks — C.  S.  Gaulden,  Henry  Briggs* 
Bryan— C.  C.  Slater,  J.  P.  Hines. 


JOURNAL  OF  THE 


Bulloch — S.  L.  Moore,  Samuel  Harville. 

Burke — E.  A.  Allen,  E.  B.  Gresham,  W.  B.  Jones. 

Butts — D.  J.  Bailey,  Henry  Hendricks. 

Camden — N.  J.  Patterson,  F.  M.  Adams. 

Campbell— J.  M.  Cantrell,  T.  C.  Glover, 

Calhoun— W.  G.  Sheffield,  E.  Padgett. 

Carroll — B.  W.  Wright,  B.  W.  Hargrave,  Allen  Rowe. 

Cass—W.  T.  Wofford,  H.  F.  Price,  T.  H.  Trippe. 

Catoosa — Presley  Yates,  J.  T.  McConnell. 

Charlton — F.  M.  Smith,  H.  M.  Mershon. 

Chatham — F.  S.  Bartow,  A.  S.  Jones,  John  W.  Anderson. 

Chattooga — Wesley  Shropshire,  L.  Williams. 

Cherokee— W.  A.  Teasley,  E.  E.  Fields,  John  McConnell. 

Clark — T.  R.  R.  Cobb,  Asbury  Hull,  Jefferson  Jennings.. 

Clayton — R.  E.  Morrow,  James  F.  Johnston. 

Clay—W.  H.  C.  Davenport,  B.  F.  Burnett. 

Clinch — Benjamin  Sermons,  F.  G.  Ramsey. 

Cobb — G.  D.  Rice,  A.  A.  Winn,  E.  H.  Lindley. 

Coffee — Rowan  Pafford,  J.  H.  Frier. 

Columbia— W.  A.  S.  Collins,  H.  R.  Casey,  R.  S.  Neal. 

Colquitt — H.  C.  Tucker,  John  G.  Coleman. 

Coweta — A.  B.  Calhoun,  J.  J.  Pinson,  W.  B.  Shell. 

Crawford — W.  C.  Cleveland,  Isaac  Dennis. 

Dade— 8.  C.  Hale,  R.  M.  Pariss. 

Dawson — Alfred  W ebb,  R.  H.  Pierce. 

Decatur — Richard  Simms,  C.  J.  Munnerlyn,  B.  H.  Gee. 

De  Kalb — Charles  Murphy,  G.  K.  Smith. 

Dooly — John  S.  Thomas,  Elijah  Butts. 

Dougherty — Richard  H.  Clark,  C.  E.  Mallary. 

Early — R.  W.  Sheffield,  James  Buchanan. 

Echols— Harris  Tomlinson,  J.  B.  Prescott. 

Effingham — E.  W.  Solomons,  A.  G.  Porter. 

Elbert — J.  C.  Burch,  L.  H.  0.  Martin. 

Emanuel — A.  L.  Kirkland,  John  Overstreet. 

"Fannin— W.  C.  Fain,  E.  W.  Chastain. 

Fayette — M.  M.  Tidwell,  J.  L.  Blalock. 

Floyd — James  Ward,  Simpson  Fouche,  F.  G.  Shropshire. 

Forsyth— Hardy  Strickland,  H.  P.  Bell. 

Franklin — John  H.  Patrick,  Samuel  Knox. 

Fulton — J.  F.  Alexander,  L.  J.  Glenn,  J.  P.  Logan. 


GEORGIA  CONVENTION. 


5 


Glasscock — Joshua  F.  Usry,  Calvin  Logue. 

Gilmer — Joseph  Pickett,  W.  P.  Milton. 

Gordon — W.  H.  Dabney,  James  Freeman,  R.  M.  Young. 

Greene— -N.  M.  Crawford,  E.  J.  Willis,  T.  M.  Pouliain. 

Gwinnett — R.  D.  Winn,  J.  P.  Simmons,  T.  P.  Hudson. 

Habersham — R.  C.  Ketchum,  Singleton  Sisk. 

Hatt—E.  M.  Johnson,  P.  M.  Byrd,  Davis  Whelchel. 

Hancock — Linton  Stephens,  B.  T.  Harris,  T.  M.  Turner. 

Haralson — W.  J.  Head,  A.  R.  Walton. 

Harris — D.  P.  Hill,  W,  J.  Hudson,  H.  D.  Williams. 

Hart—H.  S.  Hill,  J.  E.  Skelton. 

Heard— R.  P.  Wood,  C.  W.  Mabry. 

Henry — F.  E.  Manson,  E.  B.  Arnold,  J.  H.  Low 

Houston — J.  M.  Giles,  D.  F.  Gunn,  B.  W.  Brown. 

Irwin — M.  Henderson,  Jacob  Young. 

Jackson — J.  J.  McCulloeh,  J.  G.  Pitman,  D.  R.  Lyle. 

Jasper — Aris  Newton,  Reuben  Jordan,  Jr. 

Jefferson — H.  V.  Johnson,  George  Stapleton. 

Johnson — William  Hust,  J.  R.  Smith. 

Jones — James  M.  Gray,  P.  T.  Pitts. 

Laurens — Nathan  Tucker,  J.  W.  Yopp. 

Lee — W.  B.  Richardson,  Goode  Bryan. 

Liberty — W.  B.  Fleming,  S.  M.  Varnadoe.- 

Lowndes — C.  H.  M.  Howell,  Isaiah  Tilman. 

Lumpkin — Benjamin  Hamilton,  William  Martin. 

Madison — J.  S.  Gholston,  A.  C.  Daniel. 

Macon — W.  H.  Robinson,  J.  H.  Carson. 

Marion — W.  M.  Brown,  J.  M.  Harvey. 

Mcintosh — J.  M.  Harris,  G.  W.  M.  Williams. 

Meriwether — H.  R.  Harris,  W.  D.  Martin,  Hiram  Warner 

Miller— -W.  J.  Cheshier,  C.  L.  Whitehead. 

Milton — Jackson  Graham,  J.  C.  Street. 

Mitchell— William  T.  Cox,  Jesse  Reed. 

Monroe — R.L.  Roddey,  Hiram  Phinizy,  jr.,  J.  T.  Stephens 

Montgomery — T.  M.  McRae,  S.  H.  Latimer. 

Morgan— Thomas  P.  Saifold,  Augustus  Reese. 

Murray — Anderson  Farnsworth,  Euclid  Waterhouse. 
'  Muscogee — J.  X.  Ramsey,  Henry  L.  Benning,  A.  S.  Ruth 
?rford.  faa-i  ^ 

L5R9 1  ti 

«M       >  LAW  LIBRARY 


6 


JOURNAL  OF  THE 


Newton — W.  S.  Montgomery,  Alexander  Means,  Purmedus 
Reynolds. 

Ogkthorpc—D.  D.  Johnson,  Samuel  Glenn,  Willis  Wil- 
lingham. 

Paulding — Henry  Lester,  J.  Y.  Algood. 

Pickens — James  Simmons,  W.  T.  Day. 

Pierce — E.  D.  Hendry,  J,  W.  Stephens. 

Pike — R.  B.  Gardner,  Gr.  M.  McDowell. 

Polk—W.  E.  West,  T.  W.  Dupree. 

Pulaski — T.  J.  McGrifF,  C.  M.  Bozeman. 

Putnam — R.  T.  Davis,  D.  R.  Adams. 

Quitman — E.  C.  Ellington,  L.  P.  Dozier. 

Rafam — Samuel  Beck,  H.  W.  Cannon. 

Randolph — Marcellus  Douglas,  Arthur  Flood. 

Richmond — George  W.  Crawford,  J.  Phinizy,  Sr.,  J.  P. 
Garvin.  t 

Schley— 11.  L.  French,  W.  A.  Black. 

Scriven — C.  Flumphries,  J.  L.  Singleton. 

Spalding — W.  G.  Dewberry,  Henry  Moor. 

Stewart — James  A.  Fort,  James  Hilliard,  G.  Y.  Banks. 

Sumter — W.  A.  Flawkins,  T.  M.  Furlow,  Henry  Daven- 
port. 

Talhot—\\r.  R.  Neal,  W.  B.  Marshall,  L.  B.  Smith. 

Taliaferro — Alexander  H.  Stephens,  S.  H.  Perkins. 

Tatna.il — Benjamin  Brewton,  Henry  Strickland. 

Taylor— W.  j.  F.  Mitchell,  H.  H.  Long. 

Telfair — H.  McLean,  James  Williamson. 

Terrell — William  Harrington,  D.  A.  Cochran. 

Thomas— A.  H.  HanselF  S.  B.  Spencer,  W.  G.  Ponder. 

Towns — John  Corn,  Elijah  Kimsey. 

Troup — B.  H.  Hill,  W.P.  Beasley,  J.  M.  Beall. 

Twiggs — John  Fitzpatrick,  S.  L.  Richardson. 

Union — J.  H.  Hnggins,  J.  P.  Welborn. 

Upson — P.  W.  Alexander,  T.  S.  Sherman. 

Walker — G.  G.  Gordon,  R.  B.  Dickerson,  T.  A.  Sharpe. 

Walton— George  Spence,  Willis  Kilgore,  H.  D.  McDanieL 

Ware—  W.  A.  McDonald,  G.  W.  Styles. 

Warren— M.  D.  Cody,  N.  A.  Wicker. 

Wayne — Henry  R.  Fort,  H.  A.  Cannon. 

Washington — E.  S.  Langmade,  Lewis  Bui  lard,  A.  C.  Harris. 


GEORGIA  C ON VENTION . 


7 


Webster — P.  F.  Brown,  M.  H.  Bush. 
White — Isaac  Bowen,  E.  F.  Starr. 

Whitfield — J.  M.  Jackson.  F.  A.  Thomas.  Dickerson  Tal- 
iaferro. 

Wilcox — D.  A.  McLeocl.  Smith  Turner. 

Wilkes — Robert  Toombs,  J.  J.  Robertson. 

Wttkmson — X.  A.  Carswell,  R.  J.  Cochran. 

Worth — R.  G.  Ford,  Sr.,  T.  T.  Mounger. 

The  official  returns  of  the  election  of  delegates  from  the 
counties  of  Chattahoochee.  Glynn,  and  Lincoln,  not  having 
been  received  at  the  Executive  Department,  certificates  of 
election  could  not  be  procured  by  the  delegates  irom  those 
counties,  whereupon, 

On  motion  of  Mr.  Stephens,  of  Taliaferro,  it  was  unani- 
mouslv  resolved  that  the  delegates  elected  from  those  coun- 
ties  do  enrol  their  names,  and  participate  in  the  action  of 
the  Convention. 

Those  counties  are  therefore  represented  as  follows  : 

From  the  county  of  Glynn,  John  L.  Harris,  and  H.  B. 
Troup. 

From  the  county  of  Lincoln,  La  Fayette  Lamar,  and  C. 
R.  Strother. 

From  the  county  of  Chattahoochee,  A.  H.  Flewellen,  and 
"William  Davis. 

By  direction  of  the  Chairman,  the  roll  was  called,  and  it 
being  ascertained  that  a  quorum  was  present,  the  Chair- 
man stated  it  had  been  suggested  to  him,  that,  before  pro- 
ceeding furthur,  it  would  be  appropriate,  by  prayer,  to  seek 
the  blessings  of  God  upon  the  deliberations  of  this  Conven- 
tion :  in  which  suggestion  he  most  heartily  concurred. 

Whereupon,  by  request,  the  Reverend  Mr.  Williamson,  a 
delegate  from  the  county  of  Telfair,  in  an  impressive  and 
fervent  manner,  performed  that  duty. 

Mr.  Kenan  then  moved  that  the  Convention  proceed  to 
the  election  of  a  President — pending  which, 

On  motion  of  Hull,  George  W.  Crawford,  a  delegate  from 
the  county  of  Richmond,  was  chosen  President  by  accla- 
mation. 

On  motion.  Messrs.  Hull.  Stephens,  of  Taliaferro,  and 
Kenan,  were  appointed  a  committee  to  notify  the  President 


8 


JOURNAL  OF  THE 


of  his  election,  to  request  bis  acceptance,  and  conduct  hits 
to  the  chair. 

The  President  on  taking  the  chair,  addressed  the  Conven- 
tion, and  tendered  his  acknowledgements  for  the  honor  con- 
ferred upon  him. 

The  Convention  then  proceeded  to  the  election  of  a  Sec- 
retary, which,  on  the  third  ballot,  resulted  in  the  election 
of  Albert  R.  Lamar,  of  the  county  of  Muscogee. 

On  motion  of  Mr.  Wright,  by  acclamation,  Jesse  Oslin, 
of  the  county  of  Cobb,  was  appointed  Messenger,  and  Wil- 
liam Atkins,  of  Oglethorpe  county,  Door  Keeper. 

On  motion  of  Mr.  Fouche,  the  following  committed  was 
appointed  by  the  President  to  report  upon  Rules  to  gov- 
ern the  deliberations  of  this  Convention,  to  wit : 
Messrs.  Fouche, 

Hill,  of  Troup, 
Clarke. 

Mr.  Fleming  offered  the  following  resolution  : 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
President  to  wait  upon  the  Commissioners  of  South  Caro- 
lina and  Alabama,  now  in  this  city,  to  ascertain  when  it 
will  be  convenient  for  them  to  address  this  Convention,  an<l 
also,  to  invite  them  to  take  seats  with  this  body. 

The  resolution  was  adopted,  and  the  President  appointed 
Messrs  Fleming,  Rice,  and  Trippe  that  committee. 

On  motion  of  Mr.  Cobb,  the  following  committee  was 
appointed  by  the  President  to  make  arrangements  with  the 
Reverend  Clergy  of  this  city  and  vicinity,  so  that  the  ser- 
vices of  some  one  of  them  may  be  secured  to  open  with 
prayer  the  deliberations  of  the  Convention  on  each  day  of 
its  session,  to  wit : 

Messrs.  Cobb, 

Varnadoe, 
Briscoe. 

On  motion  of  Mr.  Bartow,  it  was  unanimously  resolved, 
that  one  of  the  standing  rules  of  this  Convention  shall  be 


GEORGIA   CONVENTION.  9 

the  suppression  of  all  applause  or  other  noisv  demonstra- 
tion during,  or  following  the  remarks  of  auy  delegate. 

The  Convention  then  adjourned  till  ten  o'clock  to-mor- 
row morning. 


THUESDAY  MOBNIN(x,  JANUARY.  17,  1861. 

The  Convention  met  pursuant  to  adjournment;  after 
prayer  by  the  Rev.  Mr.  Evans,  the  roll  was  called,  and  a 
quorum  being  present,  the  journal  of  yesterday  was  read, 
when  the  President  announced  that  communications  from 
South  Carolina  and  Alabama,  were  before  him.  which,  on 
motion  of  Mr.  Stephens,  of  Taliaferro,  were  read,  and  on 
motion  of  Mr.  Toombs  were  ordered  to  be  printed  for  the 
use  of  the  Convention. 

A  communication  was  also  received  from  the  Mayor  of 
Atlanta,  by  the  President,  in  which,  by  a  resolution  of  the 
Mayor  and  Council  of  that  city,  this  Convention  was  re- 
quested to  appoint  Atlanta  as  the  place  of  holding  the  Con- 
vention for  the  purpose  of  forming  a  Southern  Confede- 
racy. 

On  motion  of  Mr.  Anderson,  the  communication  was  laid 
on  the  table  for  the  present. 

Mr.  Fleming,  from  the  committee  to  wait  on  the  Com- 
missioners from  South  Carolina  and  Alabama  accredited  to 
this  Convention,  reported  that  the  committee  haddisharged 
that  duty,  and  that  the  Hon.  James  L.  Orr,  the  Commis- 
missioner  from  South  Carolina,  and  the  Hon.  John  G.  Short- 
er, the  Commissioner  from  Alabama,  had  accepted  the  invi- 
tation of,  and  would  address  the  Convention  at  any  hour  it 
would  suggest. 

Whereupon,  on  motion  of  Mr.  Stephens  of  Taliaferro,  the 
committee  was  directed  to  inform  said  Commissioners,  that 
the  Convention  would  be  ready  to  receive  and  hear  them  at 
the  hour  of  12  M.  of  this  day. 

Mr.  Fouche,  from  the  committee  on  rules  for  the  govern- 


10 


JOURNAL   OF  THE 


ment  of  the  Convention  in  its  deliberations,  reported  the 
following,  to-wit : 

Rules  ov  the  Convention,  for  1S61. 

1st.  The  President  having  taking  the  Chair,  a  quorum  be- 
ing present,  (to  ascertain  which  the  President  may  order 
the  roll  to  bo  called  which  shall  otherwise  be  omitted,)  the 
Journal  of  the  preceding  day  shall  be  read  ;  immediately, 
after  which,  it  shall  be  in  the  power  of  any  member  to  move 
for  a  reconsideration  of  any  matter  therein  contained,  (pro- 
vided such  member,  at  the  time  of  reading  such  matter, 
shall  notify  the  Convention  of  his  intention  to  move  such  re- 
consideration,) except  such  matter  as  has  been  heretofore  re- 
considered. 

2d.  Every  ordinance  or  resolution  having  been  lost  or 
passed,  and  again  reconsidered,  shall,  immediately  thereafter 
by  the  Secretary  of  the  Convention,  be  placed  on  file  in  the 
standing  order,  and  be  taken  up  accordingly,  and  take  pre- 
cedence from  the  time  of  reconsideration  only  unless  other- 
wise directed  by  the  Convention. 

3d.  No  member  shall  speak  to  another,  or  otherwise  in- 
terrupt the  business  of  the  Convention,  while  the  journal  or 
public  papers  is  reading,  or  when  any  member  is  speaking  in 
debate. 

4th.  When  any  member  is  about  to  speak,  or  deliever  any 
matter  in  the  Convention,  he  shall  rise  from  his  seat  and 
address  himself  to  the  Chair;  he  shall  confine  himself  to  the 
question  under  consideration,  and  at  all  times  avoid  person- 
ality. 

5th.  No  member  shall  speak  more  than  twTice  in  any 
one  debate,  on  the  same  day,  without  leave  of  the  Conven- 
tion. 

6th.  When  two  members  rise  to  speak,  the  first  that  rises 
shall  be  first  in  order,  which  shall  be  determined  by  the 
President. 

7th.  No  motion  shall  be  put  or  debated  until  the  same  be 
seconded. 

8th.  When  a  motion  is  made  and  seconded,  it  shall  be  re- 
duceed  to  writing,  when  required  by  the  President  or  any 


GEOEGIA  CONVENTION. 


11 


member,  delivered  in  at  the  table,  and  read,  before  the  same 
shall  be  debated. 

9th.  When  a  question  is  before  the  Convention,  no  mo- 
tion shall  be  received,  but  to  adjourn  ;  to  lie  on  the  table,  to 
postpone  indefinitely  ;  to  postpone  to  a  day  certain  ;  to  com- 
mit or  amend ;  which  several  motions  shall  have  precedence 
in  the  order  they  stand  here  arranged.  The  motion  for  ad- 
journment shall  always  be  in  order,  and  decided  without  de- 
bate ;  but  the  motion  for  adjournment  a  second  time  shall 
be  out  of  order,  until  the  question  before  the  Convention  is 
first  disposed  of. 

10th.  The  previous  question  being  moved  and  seconded 
by  a  majority,  the  question  from  the  Chair  shall  be  :  "Shall 
the  main  question  now  be  put  V  and  if  the  yeas  prevail  the 
question  shall  then  be  put. 

11th.  If  a  question  in  debate  contains  several  points,  any 
member  may  have  the  same  divided. 

12th.  When  the  yeas  and  nays  are  called  by  two  mem- 
bers, each  member  called  upon  shall  (unless  excused)  de- 
clare openly  and  without  debate,  his  yea  or  nay  to  the  ques- 
tion, and  upon  the  call  of  the  House,  the  members  shall  be 
taken  by  their  names  in  alphabetical  order;  and  no  mem- 
ber shall  be  allowed  to  change  his  vote  after  the  same  has 
been  pronounced  by  the  Chair,  unless  by  consent  of  the 
Convention. 

13th.  When  a  member  wishes  to  introduce  a  resolution 
or  ordinance,  he  shall  rise  from  his  seat,  address  the  Chair, 
read  the  caption,  and  on  leave  report  the  resolution  or  ordi- 
nance instanter ;  and  these  reports,  in  point  of  order,  shall 
hold  the  place  of  reports  from  committees.  But  all  resolu- 
tions expressing  the  opinion  of  the  Convention,  shall  lie  at 
least  one  day  on  the  table,  unless  otherwise  ordered  by  a 
majority  of  the  Convention. 

14th.  No  ordinance  shall  be  committed  until  it  shall  have 
been  twice  read,  after  which  it  may  be  referred  to  a  Com- 
mittee. 

15th.  When  a  member  is  called  to  order,  he  shall  take 
his  seat  until  the  President  shall  have  determined  whether 
he  is  in  order  or  not;  every  question  of  order  shall  be  de- 
cided by  the  President  without  debate;  but  if  there  is  a 


12 


JOURNAL  OF  THE 


doubt  in  his  mind,  lie  shall  call  for  the  sense  of  the  Conven- 
tion. 

16th.  If  a  member  be  called  to  order  for  words  spoken^ 
the  exceptionable  words  shall  be  immediately  taken  down 
in  writing,  that  the  President  may  be  better  enabled  to  judge 
of  the  matter. 

17th.  When  a  blank  is  to  be  filled,  and  different  sums  and 
different  days  are  proposed,  the  question  shall  be  taken  on 
the  highest  sum  and  most  distant  day  first. 

18th.  All  petitions  shall  be  numbered  as  they  are  receiv- 
ed, and  taken  up  and  decided  on  in  the  same  order  as  they 
were  received. 

19th.  No  member  shall  absent  himself  from  the  service 
of  the  Convention,  without  leave  first  obtained  ;  and  in  case 
a  less  number  than  a  quorum  of  the  Convention  shall  con- 
vene, they  are  hereby  authorized  to  send  any  person  or  per- 
sons by  them  authorized,  for  any  and  all  absent  members, 
as  a  majority  of  such  members  present  shall  agree,  at  the 
expense  of  such  absent  members  respectively,  unless  such 
excuse  for  non-attendance  shall  be  made  as  the  Convention 
when  a  quorum  is  convened,  shall  judge  sufficient. 

20th.  No  member  shall  leave  his  seat  after  adjournment, 
until  the  President  shall  have  left  the  room. 

21st.  When  any  communication  is  received  from  the 
Governor,  it  shall  be  in  order  to  take  it  up  as  soon  as  the 
matter  then  under  consideration  is  disposed  of. 

22d.  The  unfinished  business  in  which  the  Convention  was 
engaged  at  the  last  preceding  adjournment,  shall  have  the 
preference  in  the  order  of  the  day,  and  no  motion  or  any 
other  business  shall  be  received  until  the  former  is  disposed 
of.  And  the  Secretary  shall  preserve  the  unfinished  busi- 
ness at  the  close  of  the  present  Session,  subject  to  the  order 
of  the  Convention  at  the  next  Session. 

23d.  No  standing  rule  of  the  Convention  shall  be  altered 
without  one  day's  notice  being  given,  expressing  the  intend- 
ed alteration ;  nor  shall  any  rule  of  the  Convention  be  dis- 
pensed with,  except  by  a  vote  of  two-thirds  of  the  members 
present. 

24th.  The  Secretary,  Assistant  Secretary,  andEngrossing 
and  Enrolling  Clerks  shall  be  sworn,  or  affirmed,  before  the 


GEORGIA  CONVENTION. 


13 


presiding  officer  of  the  Convention,  to  discharge  their  re- 
spective duties  faithfully,  and  to  the  best  of  their  skill  and 
ability  ;  of  which  oath  or  affirmation,  an  entry  shall  be  made 
in  the  Journals  before  they  enter  upon  the  discharge  of 
their  duties. 

25th.  The  President  may  at  any  time  call  a  member  of 
the  Convention  to  the  Chair,  to  preside  over  its  deliberations 
for  that  day's  session,  and  no  longer. 

26th.  All  ordinances  read  a  second  time  and  referred  to  the 
Committee  of  the  Whole,  shall,  unless  otherwise  ordered  by 
the  Convention,  be  taken  up  as  reports  of  the  Commit- 
tee. 

The  report  was  received  and  adopted,  and  500  copies  or- 
dered to  be  printed,  under  the  supervision  of  the  commit- 
tee. 

The  President  then  proceeded  to  admininister  the  oath 
required  by  the  21th  rule,  to  the  Secretary. 

On  motion  of  Mr.  Strother,  of  Lincoln,  the  following  reso- 
lution was  adopted: 

Resolved,  That  the  President  of  this  Convention  be  au- 
thorized to  direct  seats  to  be  provided  on  this  floor  for  re- 
porters and  other  representatives  of  Southern  presses,  as 
far  as  may  be  practicable  during  open  session. 

On  motion  of  Mr.  Glenn,  of  Fulton,  it  was 

Resolved,  That  the  Secretary  of  this  Convention,  be  au- 
thorized to  appoint  an  assistant  Secretary,  and  a  Recording 
Clerk. 

Whereupon,  The  Secretary  appointed  Jno.  H.  Steele  of  Ful- 
ton county,  assistant  Secretary,  and  J.  M.  Patton  of  Bibb 
county.  Recording  Clerk;  to  each  of  whom  the  oath  requir- 
ed by  the  24th  rule,  was  administered  by  the  President. 

On  motion  of  Mr.  Bartow,  it  was 

Resolved,  That  His  Excellency,  Governor  Brown,  and  ex- 
Governor  Howell  Cobb,  be  invited  to  take  seats  upon  the 
floor : 

And,  on  motion  of  Mr.  Kenan,  the  same  privilege  was  ex- 


14  JOURNAL   OF  THE 

tended  to  the  Judges  of  the  Supreme  Court,  and  the  Judges 
of  the  Superior  Courts  of  this  State. 

Mr.  Styles  offered  the  following  resolution  : 

Resolved,  That  Messrs.  Boughton,  Nisbet&  Barnes  heap- 
pointed  Printers  to  this  Convention. 

Mr.  Reynolds  moved  to  amend,  so  that  the  printing  should 
be  given  to  both  the  printing  establishments  of  this  city. 

And  Mr.  Johnston  moved  further  to  amend  the  resolution 
by  inserting  the  words,  "  provided  the  work  shall  be  done 
at  the  same  rates  at  which  the  public  printing  is  now  done." 

Mr.  Styles  accepted  both  amendments,  and  the  resolution 
as  amended,  was  unanimously  adopted. 

Mr.  Fouche  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Resolved,  That  His  Excellency,  the  Governor,  be  request- 
ed to  communicate  to  this  Convention,  all  information  in  his 
possession,  which  may,  in  his  opinion,  be  calculated  to  facil- 
itate its  deliberations  and  action  ;  and, also,  to  furnish  to  the 
Convention,  if  in  his  power  to  do  so,  a  copy  of  the  ordinance 
bv  which  Georgia  became  a  member  of  the  Union. 

The  hour  of  12  M.  having  arrived,  Mr.  Fleming,  from  the 
committee  appointed  for  that  purpose,  introduced  to  the 
Convention,  the  Hon.  James  L.  Orr,  the  Commissioner  from 
South  Carolina,  and  the  Hon.  John  G.  Shorter,  the  Com- 
missioner from  Alabama, 

The  President  welcomed  the  Commissioners,  and  stated 
tliat  the  Convention  was  then  ready  to  hear  what  they 
should  be  pleased  to  communicate  : 

Whereupon,  The  Hon.  James  L.  Orr,  and  the  Hon.  John 
O.  Shorter,  both  addressed  the  Convention,  explaining  the 
objects  of  their  mission  to  this  State. 

After  which,  on  motiou  of  Mr.  Stephens,  of  Taliaferro, 
the  Convention  adjourned  till  ten  o'clock  to-morrow  morn- 
ing. 


G  EG  KOI  A    CONVENTION . 


FRIDAY,  JANUARY  18,  1S61. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  FHno. 

The  roll  was  called,  and  a  quorum  being  present  the 
journal  was  read. 

Mr.  Hull  then  introduced  the  following  resolution  : 

Resolved,  That  the  sessions  of  this  Convention  shall  be 
with  closed  doors — admitting  no  one  but  the  members  and 
officers  of  the  Convention,  and  those  gentlemen  who  have 
been  invited  to  seats  on  the  floor,  except  when  otherwise 
speciallv  ordered  by  the  Convention. 

Mr.  Clarke  moved  to  amend  by  inserting  the  words, 
"  excepting  the  door  of  the  gallery,"  upon  which  a  debate 
ensued,  when  Mr.  Kenan  called  for  the  previous  question, 
which  being  seconded,  the  amendment  was  cut  off,  and  the 
resolution  was  adopted. 

The  doors  were  then  closed,  when  Mr.  Nisbet  offered  the 
following  resolutions,  which  were  taken  up  and  read  : 

Rewlvcd,  That  in  the  opinion  of  this  Convention,  it  is 
the  right  and  duty  of  Gfeorgia  to  secede  from  the  present 
Union,  and  to  co-operate  with  such  of  the  other  States  as 
have  or  shall  do  the  same,  for  the  purpose  of  forming  a 
Southern  Confederacy  upon  the  basis  of  the  Constitution 
of  the  United  States. 

Resolved,   That  a  commutes  of  be  appointed  by 

the  Chair  to  report  an  ordinance  to  assert  the  right,  and 
fulfill  the  obligation  of  the  State  of  Georgia  to  secede  from 
the  Union. 

He  then  moved  to  take  up  the  first  resolution. 

Whereupon  Mr.  Johnson,  of  Jefferson,  offered  the  follow- 
ing preamble  and  Ordinance,  as  a  substitute  for  Mr.  NisbetV, 
mid  moved  the  reference  of  both  to  a  committee  of  twenty- 
one  : 

"  The  State  of  Georgia  is  attached  to  the  Union,  and  de- 
sires to  preserve  it,  if  it  can  be  done  consistent  with  her 


16 


JOURNAL  OF  THE 


rights  and  safety;  but  existing  circumstances  admonish 
her  of  danger :  that  danger  arises  from  the  assaults  that 
are  made  upon  the  institution  of  domestic  slavery,  and  is 
common  to  all  the  Southern  States.  From  time  to  time, 
within  the  last  forty  years,  Congress  has  attempted  to  pass 
laws  in  violation  of  our  rights,  and  dangerous  to  our  wel- 
fare and  safety ;  hut  they  have  been  restrained  by  the 
united  opposition  of  the  South  and  the  true  men  of  the 
North,  and  thus  far  the  country  has  prospered,  and  the 
South  has  felt  comparatively  secure.  Recently,  however, 
events  have  assumed  a  more  threatening  aspect,  several 
of  the  non-slaveholding  States  refuse  to  surrender  fugitive 
slaves,  and  have  passed  laws  the  most  oppressive  to  hinder, 
obstruct  and  prevent  it,  in  palpable  violation  of  their  con- 
stitutional obligations.  The  Executive  Department  of  the 
government  is  about  to  pass  into  the  hands  of  a  sectional, 
political  party,  pledged  to  principles  and  a  policy  which 
we  regard  as  repugnant  to  the  Constitution.  These  con- 
siderations, of  themselves,  beget  a  feeling  of  insecurity 
which  could  not  fail  to  alarm  a  people  jealous  of  their 
rights.  By  the  regular  course  of  events,  the  South  is  in 
a  minority  in  the  Federal  Congress,  and  the  future  presents 
no  hope  of  a  restoration  of  the  equilibrium  between  the 
sections,  in  either  house  thereof.  Hence  the  Southern 
States  are  in  iminent  peril,  being  in  the  power  of  a  majori- 
ty, reckless  of  constitutional  obligations,  and  pledged  to 
principles  leading  to  our  destruction.  This  peril  is  greatly 
augmented  by  the  recent  secession  of  South  Carolina, 
Florida,  Alabama  and  Mississippi  from  the  Union,  by  which 
the  Southern  States  are  deprived  of  the  benefit  of  their 
co-operation,  and  left  in  a  still  more  hopeless  minority  in 
the  Federal  Congress.  Therefore,  whilst  the  State  of  Geor- 
gia will  not  and  cannot,  compatibly  with  her  safety,  abide 
permanently  in  the  Union,  without  new  and  ample  security 
for  future  safety,  still  she  is  not  disposed  to  sever  her  con- 
nection with  it  precipitately,  nor  without  respectful  con- 
sultation with  her  Southern  confederates.  She  invokes  the 
aid  of  their  counsel  and  co-operation,  to  secure  our  rights, 
in  the  Union,  if  possible,  or  to  protect  them  out  of  the 
Union  if  necessary.  Therefore, 


GEORGIA  COXVEXTIOX. 


17 


First.  Be  it  ordained  by  the  State  of  Georgia  in  sovereign  Conven- 
tion assembled.  That  Delaware,  Maryland,  Virginia,  Ken- 
tucky, North  Carolina,  Louisiana,  Texas,  Arkansas,  Ten- 
nessee and  Missouri,  be,  and  they  are  hereby  respectfully 
invited  to  meet  with  this  State  by  delegates  in  a  Congress, 
at  Atlanta,  Georgia,  on  the  16th  of  February,  1S61,  to 
take  into  consideration  the  whole  subject  of  their  relations 
to  the  Federal  Government,  and  to  devise  such  a  course  of 
action  as  their  interest,  equality  and  safety  may  require. 

Section  second.  Be  it  further  ordained,  6fc,  That  the  in- 
dependent Republics  of  South  Carolina,  Florida,  Alabama 
and  Mississippi,  be,  and  they  are  hereby  cordially  invited  to 
send  Commissioners  to  said  Congress. 

Section  third.  Be  it  farther  ordained,  That  inasmuch,  as 
Georgia  is  resolved  not  to  abide  permanently  in  this  Union? 
without  satisfactory  guarantees  of  future  security,  the  fol- 
lowing propositions  are  respectfully  suggested  for  the  con- 
sideration of  her  Southern  Confederates  as  the  substance  of" 
what  she  regards  indispensable  amendments  to  the  Consti- 
tution of  the  United  States,  to-wit : 

1.  That  Congress  shall  have  no  power  to  abolish  or  pro- 
hibit slavery  in  the  territories  or  any  place  under  their 
exclusive  jurisdiction. 

2.  Each  State  shall  be  bound  to  surrender  fugitive  slaves, 
and  if  any  fugitive  slave  shall  be  forcibly  taken  or  enticed 
from  the  possession  of  any  officer  legally  charged  there- 
with for  the  purpose  of  rendition,  the  United  States  shall 
pay  the  owner  the  value  of  such  slave,  and  the  countv  in 
which  such  rescue  or  enticement  may  occur,  shall  be  liable 
to  the  United  States  for  the  amount  so  paid  to  be  recovered 
by  suit  in  the  Federal  Courts. 

3.  It  shall  be  a  penal  offence  definable  by  Congress  and 
punishable  in  the  Federal  Courts  for  any  person  to  rescue 
or  entice,  or  to  encourage,  aid  or  assist  others  to  rescue  or 
entice  any  fugitive  slave  from  any  officer  legally  charged 
with  the  custody  thereof,  for  the  purpose  of  rendition. 

4.  Whatever  is  recognized  as  property  by  the  Constitu- 
tion of  the  United  States  shall  be  held  to  be  property  in  the 
Territories  of  the  United  States,  and  in  all  places  over 
which  Congress  has  excJusive  jurisdiction,  and  all  kinds  of 


18  JOURNAL  OF  THE 

I 

property  shall  be  entitled  to  like  and  equal  protection  there- 
in by  the  several  departments  of  the  general  government. 

5.  New  States  formed  out  of  territory  now  belonging  to 
the  United  States,  or  which  may  be  hereafter  acquired,  shall 
be  admitted  into  the  Union  with  or  without  slavery  as  the 
people  thereof  may  determine  at  the  time  of  admission. 

6.  Congress  shall  have  no  power  to  prohibit  or  interfere 
with  the  slave  trade  between  the  States,  nor  to  prohibit 
citizens  of  the  United  States  passing  through,  or  tempora- 
rily sojourning  in  the  District  of  Columbia  from  having 
with  them  their  slaves,  and  carrying  them  away,  but  it 
shall  be  the  duty  of  Congress  to  provide  by  law  for  the 
punishment  of  all  persons  who  may  interfere  with  this 
right  in  the  same  way  as  is  provided  for  in  the  foregoing 
third  proposition. 

7.  No  State  shall  pass  any  law  to  prohibit  the  citizens  of 
any  other  State  travelling,  or  temporarily  sojourning  therein, 
from  carrying  their  slaves  and  returning  with  them ;  and 
it  shall  be  a  penal  offence,  definable  by  Congress,  and  pun- 
ishable by  the  Federal  Courts,  for  any  person  to  entice  away, 
or  harbor,  or  attempt  to  entice  away  or  harbor,  the  slave  or 
slaves  of  such  citizen  so  travelling,  or  temporarily  sojourning. 

8.  The  obligation  to  surrender  fugitives  from  justice  as 
provided  for  under  the  Constitution  of  the  United  States 
extends,  and  shall  be  held  to  extend  as  well  to  fugitives 
charged  with  offences  connected  with  or  committed  against 
slavery  or  slave  property  as  to  any  other  class  of  offences, 
and  for  the  purposes  of  this  proposition,  whatever  is  de- 
fined to  be  a  criminal  offence  in  one  State  shall  be  deemed 
and  held  a  criminal  offence  in  every  other  State. 

9.  The  Supreme  Court  having  decided  that  negroes  are 
not  citizens  of  the  United  States,  no  person  of  African 
descent  shall  be  permitted  to  vote  for  Federal  Officers,  nor 
to  hold  any  office  or  appointment  under  the  government  of 
the  United  States. 

Section  fourth.  Be  it  further  ordained,  fyc,  That  refrain- 
ing from  any  formal  demand  upon  those  slaveholding  States 
which  have  passed  them,  of  the  repeal  of  the  personal 
liberty  and  other  acts,  in  any  wise  militating  against  the 
rendition  of  fugitive  slaves,  or  fugitives  from  justice,  yet 
the  State  of  Georgia  hereby  announces  her  unalterable  de- 


GEORGIA  CONVENTION. 


19 


termination  not  to  remain  permanently  in  confederation 
with  those  States,  unless  they  shall  purge  their  statute 
books  of  all  such  acts. 

Section  fifth.  Be  it  farther  ordained,  fyc,  That  if,  between 
now  and  the  time  of  final  action  upon  the  question  of  her 
continuance  in  the  Union,  the  general  government  should 
attempt  to  coerce  any  one  of  the  States  that  have  recently 
withdrawn,  or  shall  hereafter  withdraw  therefrom,  the  State 
of  Georgia  will  make  common  cause  with  such  States,  and 
hereby  pledges  all  her  resources  for  their  protection  and 
defence. 

Section  sixth.  Be  it  farther  ordained,  Sf<p.,  That  the  State 
of  Georgia  will  continue  to  hold,  until  her  final  decision 
in  the  premises,  the  possession  of  Fort  Pulaski,  and  all 
other  Federal  property  within  her  borders,  which  have  been 
seized  under  the  direction  and  authority  of  His  Excellency 
the  Governor  of  this  State. 

Section  seventh.  Be  it  further  ordained,  §'c,  That  a 
Commissioner  be  appointed  by  this  Convention  to  each  of 
the  slaveholding  States,  now  members  of  the  Federal 
Union,  to  inform  them  of  the  action  of  Georgia,  and  to 
urge  their  conformity  to  the  policy  herein  indicated,  and 
that  in  response  to  the  request  of  Alabama,  this  Conven- 
tion will  also  appoint  a  Commissioner  to  the  Convention, 
which  she  has  invited  at  Montgomery  on  the  4th  of  Feb- 
ruary next,  who  is  hereby  instructed  to  urge  upon  that  Con- 
vention so  to  shape  their  action  as  to  conform  to,  and  co- 
operate with,  that  of  the  proposed  Congress  at  Atlanta,  on 
the  16th  day  of  the  same  month. 

Section  eighth.  Be  it  farther  ordained,  $fc,  That  if  all 
effort  fail  to  secure  the  rights  of  the  State  of  Georgia  in 
the  Union,  and  she  is  reluctantly  compelled  to  resume  her 
separate  independence,  she  will  promptly  and  cordially 
unite  with  the  other  Southern  States  similarly  situated,  in 
the  formation  of  a  Southern  Confederacy  upon  the  basis  of 
the  present  Constitution  of  the  United  States. 

Section  ninth.  Be  it  farther  ordained,  That  this  Conven- 
tion will  adjourn,  to  meet  again  on  the  twenty-fifth  day  of 
February  next,  to  take  such  action  in  the  premises  as  may 
be  required  by  the  proceedings  of  the  Congress  at  Atlanta, 
and  the  development  of  intervening  events,  keeping  stead- 


20 


JOURNAL  OF  THE 


fastly  in  view  the  rights,  equality  and  safety  of  Georgia, 
and  her  unalterable  determination  to  main  tain,  them  at  all 
hazards,  and  to  the  last  extremity. 

After  an  elaborate  discussion,  in  which  Messrs.  Nisbet, 
Johnson,  of  Jefferson,  Cobb,  Stephens  of  Taliaferro, 
Toombs,  Means,  Reese,  Hill,  of  Troup,  and  Bartow,  parti- 
pated,  a  call  was  made  for  the  "previous  question"  which 
being  sustained  under  the  ruling  of  the  Chair,  cut  off  the 
motion  to  commit,  and  a  vote  on  the  substitute,  and  brought 
the  Convention  to  a  direct  vote  on  the  first  of  the  original 
resolutions  of  Mr.  Nisbet.  Whereupon  the  yeas  and  nays 
were  demanded,  which  being  called  resulted  as  follows : 
(the  President  voting  in  the  affirmative)  yeas  166,  nays  130. 

Those  who  voted  in  the  affirmative  are  Messrs. 


Adams  of  Camden, 

Cox, 

Alexander  of  Fulton, 

Dabney, 

Algood, 

Daniel, 

Allen, 

Davis  of  Chattahoochee, 

Anderson, 

Davenport  of  Clay, 

Bailey, 

Davenport  of  Sumter, 

Banks, 

Dennis, 

Bartow, 

Douglass, 

Beall  of  Troup, 

Dozier, 

Benning, 

Dewberry, 

Blalock, 

Ellington, 

Bozeman, 

Fleming, 

Briggs, 

Flewellen. 

Brown  of  Houston, 

Fields, 

Bryan, 

Fitzpatrick, 

Buchanan, 

Ford, 

Burch, 

Fort  of  Stewart, 

Burnett, 

Fort  of  Wayne, 

Butts, 

Fouche, 

Calhoun, 

Furlow, 

Cannon  of  Wayne, 

Gaulden, 

Cantrell, 

Gardner, 

Carson, 

Garvin, 

Chastain, 

Gee, 

Cheshier, 

Gohlston, 

Clarke, 

Glenn  of  Fulton, 

Cleveland, 

Glenn  of  Oglethorpe, 

Cobb, 

Glover, 

Coleman, 

Giles, 

Colquitt, 

Gray, 

GEORGIA  CONVENTION. 


21 


Gresham, 

Gunn, 

Hall, 

Hammond, 
Hansell, 
Hargroves, 
Harvill, 

Harris  of  Glynn, 

Harris  of  Mcintosh, 

Harris  of  Merriwether, 

Harvey,. 

Hawkins, 

Head, 

Hendry, 

Hendricks, 

Hill  of  Hart, 

Hilliard, 

Hines, 

Hood, 

Howell, 

Hull, 

Humphries, 
Jennings, 

Johnson  of  Oglethorpe, 
Jones  of  Burke, 
Jones  of  Chatham, 
Lamar  of  Bibb, 
Lamb, 

Lattimer  of  Appling, 

Lester, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mabry  of  Berrien, 
Mallary, 

Martin  of  Elbert, 

McConnell  of  Catoosa, 

McConnell  of  Cherokee, 

McCulloch, 

McDonald, 

McDowell, 

McGriff, 

McLeod, 

Moore  of  Bulloch, 
Moore  of  Spalding, 
Mounger, 
Munnerlyn, 


Xisbet, 
Padget, 
Patterson, 

Phinizy  of  Kichmond, 

Pinson, 

Pittman, 

Pitts, 

Poe, 

Ponder, 

Porter, 

Poullain, 

Prescott, 

Pruitr, 

Ramsey  of  Clinch, 

Ramsey  of  Muscogee, 

Reed, 

Reese, 

Rice, 

Richardson  of  Lee, 

Richardson  of  Twiggs, 

Robinson, 

Robertson, 

Roddey, 

Rowe, 

Rutherford, 

Sheffield  of  Calhoun, 

Sheffield  of  Early, 

Shell, 

Shropshire  of  Floyd, 

Slater, 

Skelton, 

Simms, 

Singleton, 

Sirmons, 

Solomons, 

Spencer, 

Stephens  of  Pierce, 
Strickland  of  Forsyth, 
Styles, 

Thomas  of  Dooly, 

Tidweil, 

Tillman,, 

Tomlinson, 

Toombs, 

Troup, 

Tucker  of  Colquitt, 
Turner  of  Wilcox, 
Usry, 


22 


JOURNAL  OF  THE 


Varnadoe, 

Walton, 

Whitehead, 

Williams  of  Mcintosh, 

Willis, 


Winn  of  Cobb, 
Word, 


Wright, 


Young  of  Gordon, 


Those  who  voted  in  the  negative  are  Messrs. 


Adams  of  Putnam, 

Alexander  of  Upson, 

Arnold, 

Beasley, 

Beck, 

Bell  of  Banks, 
Bell  of  Forsyth, 
Black, 
Bowen, 
Brew  ton, 
Briscoe, 

Brown  of  Marion, 

Brown  of  Webster, 

Bullard, 

Bush, 

Byrd, 

Cannon  of  Rabun, 
Cars  well, 
Casey, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Cody, 

Collins, 

Corn, 

Crawford  of  Greene, 
Davis  of  Putnam, 
Day, 

Dickerson, 

Deupree, 

Fain, 

Farnsworth, 

Freeman, 

Frier, 

French, 

Gordon, 

Graham, 

Hale, 

Haines, 

Hamilton, 

Harris  of  Hancock, 

Henderson, 


Herrington, 

Hill  of  Harris, 

Hill  of  Troup, 

Hudson  of  Gwinnett, 

Hudson  of  Harris, 

Huggins, 

Hust, 

Jackson, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jordon, 

Kenan, 

Ketchum, 

Kill  go  re, 

Kimsey, 

Kirkland, 

Knox, 

Lamar  of  Lincoln, 
Langmade, 

Lattimer  of  Montgomery, 

Low, 

Long, 

Mabry  of  Heard, 
Manson, 

Martin  of  Lumpkin, 

McDaniel, 

McRae, 

Means, 

Mershon, 

Milton, 

Mitchell, 

Montgomery, 

Morrow, 

Neal  of  Columbia, 

Neal  of  Talbot, 

Newton, 

Overstreet, 

Paris, 

Patrick, 

Perkins, 


GE  0  E  GIA  C  0  X VEXTIOX. 


23 


Phinizv  of  Monroe. 

Strickland  of  TaTnall, 

Pickett, 

Taliaferro, 

Pierce. 

Teasley, 

Pofford, 

Thomas  of  Whitfield. 

Price, 

Trippe. 

Revnolds, 

Tucker  of  Laurens. 

Saffold. 

Turner  of  Hancock, 

Sherman, 

Warner, 

Sliarpe, 

Waterhouse. 

Shropshire  of  Chattooga, 

Webb. 

Simmons  of  Gwinnett. 

Wellborn, 

Simmons  of  Pickens. 

West, 

Sisk, 

Whelchel. 

Smith  of  Charlton, 

Wicker, 

Smith  of  DeKaib, 

Willi  n  sham, 

Smith  of  Johnson, 

Williams  of  Chattoosra, 

Smith  of  Talbot,  ' 

Williams  of  Harris, 

Spence, 

Williamson, 

Stapleton. 

Winp  of  Gwinnett. 

Starr, 

WorTord, 

Stephens  of  Hancock, 

Wood, 

Stephens  of  Monroe, 

Yates, 

Stephens  of  Taliaferro. 

Yopp, 

Street, 

loung  of  Irwin. 

So  the  resolution  was  adopted. 

Mr.  Xisbet  then  moved  to  fill  the  blank  in  the  second 
resolution  with  the  word  seventeen  "  which  agreed  to,  and 
on  his  motion  that  resolution  wag  adopted. 

The  President  then  announced  the  following  as  the 
M  Committee  of  seventeen"  under  said  resolution,  to-wit : 
Messrs.  Xisbet. 

Toombs. 

Johnson  of  Jefferson, 
Bartow, 

Stephens  of  Taliaferro, 

Benuino'. 

Williamson. 

Brown  of  Marion. 

Hill  of  Harris, 

Rice, 

Hill  of  Troup. 

Trippe. 

Chastain, 

Cobb, 

Colquitt. 

Kenan, 

Reese. 


24 


JOURNAL   OP  THE 


The  following  message  having  been  received  from  His 
Excellency  the  Governor,  through  Mr.  Waters,  his  Secreta- 
ry, was  taken  up  and  read  : 

Executive  Department, 
Milledgeville,  January  18,  1861, 

To  the  Convention: 

In  response  to  the  resolution  delivered  to  me  by  your 
Secretary  on  yesterday,  I  have  the  honor  to  state  that  I 
have  no  official  information  in  my  possession,  of  a  character 
not  generally  made  public,  which  could,  in  my  opinion, 
facilitate  the  deliberations  and  actions  of  the  Convention. 

The  original  ordinance  by  which  this  State  ratified  the 
Constitution  of  the  United  States,  has  not,  it  seems,  been 
preserved.  I  find  a  printed  copy  of  it,  however,  in  a  sup- 
plement to  the  Journal  of  the  Federal  Constitution,  from 
which  the 'copy  is  taken  which  is  herewith  transmitted. 

,  Though  not  strictly  in  response  to  the  call  made  upon 
me,  I  take  the  liberty  to  lay  before  the  Convention  an  origin- 
al letter  from  the  Governor  of  the  State  of  New  York, 
accompanied  by  certain  joint  resolutions  passed  by  the 
Legislature  of  that  State,  on  the  eleventh  day  of  this 
month,  which  were  received  at  this  Department  by  the 
mail  of  yesterday. 

JOSEPH  E.  BROWN. 
The  following  is  a  copy  of  the  communication  referred 
toby  His  Excellency,  Gov.  Brown,  and  also  of  the  resolu- 
tions : 

STATE  OF  NEW  YORK. 

Executive  Department, 
Albany,  January  11,  1861. 
Sir:  In  obedience  to  the  request  of  the  Legislature  of  this 
State,  I  transmit  herewith  a  copy  of  the  concurrent  resolu- 
tions of  that  body,  adopted  this  day,  tendering  the  aid  of 
the  State  to  the  President  of  the  United  States,  to  enable 
him  to  enforce  the  Laws,  and  to  uphold  the  authority  of 
the  Federal  Government. 
I  have  the  honor  to  be, 

Your  Excellency's  Obd't  Servt, 

EDWIN  D.  MORGAN. 
His  Excellency,  Joseph  E.  Brown, 

Governor  of  the  State  of  Georgia,  Milledgeville. 


GEORGIA  CONVENTION. 


25 


Concurrent  Resolutions  tendering  aid  to  the  President  of  the 
United  States  in  support  of  the  Constitution  and  the  Union. 

STATE  OF  NEW  YORK. 

In  Assembly,  January  11,  1861. 

Whereas,  Treason  as  defined  by  the  Constitution  of  the 
United  States,  exists  in  one  or  more  of  the  States  of  this 
Confederacy,  and 

Whereas,  The  insurgent  State  of  South  Carolina,  after 
seizing  the  Post-Office,  Custom  House,  Moneys  and  Forti- 
fications of  the  Federal  Government,  has,  by  firing  into  a 
vessel  ordered  by  the  Government  to  convey  troops  and 
provisions  to  Fort  Sumter,  virtually  declared  war;  and 
whereas,  the  forts  and  property  of  the  United  States 
ermnent  in  Georgia,  Alabama  and  Louisiana,  have  been 
unlawfullv  seized  with  hostile  intentions  ;  and  ■•whereas, 
further,  Senators  in  Congress  avow  and  maintain  their 
treasonable  acts  ;  therefore 

Resolved,  (If  the  Senate  concur.)  That  the  Legislature  of 
New  York,  profoundly  impressed  with  the  value  of  the 
Union,  and  determined  to  preserve  it  unimpaired,  hail  with 
joy  the  recent  firm,  dignified  and  patriotic  Special  Message 
of  the  President  of  the  United  States,  and  that  we  tender 
to  him,  through  the  Chief  Magistrate  of  our  own  State, 
whatever  aid  in  men  and  money  he  may  require  to  enable 
him  to  enforce  the  laws,  and  uphold  the  authority  of  the 
Federal  Government.  And  that  in  defense  of  "the  more 
perfect  Union,"  which  has  conferred  prosperity  and  happi- 
ness upon  the  American  people,  renewing  the  pledge  given 
and  redeemed  by  our  Fathers,  we  are  ready  to  devote  "our 
fortunes,  our  lives,  and  our  sacred  honor'*  in  upholding  the 
Union  and  the  Constitution. 

Resolved,  (If  the  Senate  concur.)  That  the  Union-loving 
Representatives  and  citizens  of  Delaware,  Maryland,  Vir- 
ginia, North  Carolina,  Kentucky,  Missouri  and  Tennessee, 
who  labor  with  devoted  courage  and  patriotism  to  with- 
hold their  States  from  the  vortex  of  Secession,  are  entitled 
to  the  gratitude  and  admiration  of  the  whole  people. 

Resolved,  (If  the  Senate  concur,)  That  the  Governor  be 
respectfully  requested  to  forward,  forthwith,  copies  of  the 


*       9  .  ■" 

26  CONSTITUTION  OF  THE*  -  ' 

foregoing  resolutions  to  the  President  of  the  Nation,  and 

the  Governors  of  all  the  States  of  the  Union. 
*,  * 

The  preceding  Preamble  and  Resolutions  were  duly 
passed. 

By  order.  H.  A.  RISLEY,  Clerk. 

In  Senate,  January  11,  1861.  The  preceding  Preamble 
and  Resolutions  were  duly  passed. 

By  order.       JAMES  TERWILLIGER,  Clerk. 

Mr.  Toombs  offered  the  following  resolution,  which  was 
taken  up,  read  and  adopted : 

Resolved,  Unanimously,  in  response  to  the  resolutions  of 
New  York,  referred  to  in  the  Governor's  Message,  that 
this  Convention  highly  approves  the  energetic  and  patriotic 
conduct  of  Governor  Brown  in  taking  possession  of  Fort 
Pulaski  by  Georgia  troops,  and  requests  him  to  hold  posses- 
sion until  the  relations  of  Georgia  with  the  Federal  Gov- 
ernment be  determined  by  this  Convention:  and  that  a 
copy  of  this  resolution  be  transmitted  to  the  Governor  of 
New  York. 

Mr.  Bartow  offered  the  following  resolution : 

Resolved,  That  the  President  do  appoint  the  following 
"  Standing  Committees"  for  the  Convention,  each  to  con- 
sist of  thirteen  members : 

1st.  A  Committee  on  relations  with  the  slaveholding 
States  of  North-America. 

2d.  A  Committee  on  Foreign  Relations. 

3d.  A  Committee  on  Commercial  Relations,  and  Postal 
Arrangements. 

4th.  A  Committee  on  Military  Affairs. 

5th.  A  Committee  on  the  Constitution  of  this  State, 
and  the  Constitution  and  Laws  of  the  United  States. 

Mr.  Martin  introduced  the  following  resolution  : 

R,esolved,  That  the  Governor  be  requested  to  furnish  this 
Convention  with  a  statement  of  the  result  of  the  election 
of  delegates  for  this  Convention,  specifying  the  whole  num- 


m  *  GE0EGE4.  CONVENTION. 


27 


foer  of  votes  polled  m  each  county,  and  the  number  received 
by  each  candidate. 

On  motion  the  Convention  then  adjourned  till  10  o'clock 
to-morrow  morning:. 


SATURDAY,  JANUARY  19,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Willes. 

A  quorum  being  present,  the  journal  of  yesterday  was 
read. 

On  motion,  Mr.  Harris,  of  Meriwether,  and  Mr.  Strother, 
of  Lincoln,  got  leave  to  record  their  votes  upon  the  resolu- 
tions of  Mr.  Nisbet  adopted  on  yesterday,  they  having  been 
absent  when  the  vote  was  taken,  on  account  of  sickness. 

Mr.  Clarke  moved  to  reconsider  the  resolution  adopted  on 
yesterday  to  close  the  doors  of  the  hall  during  the  sessions 
of  this  Convention,  in  order  to  amend  the  same  by  inserting 
the  words  "  excepting  the  door  of  the  gallery." 

The  motion  to  reconsider  was  lost. 

Mr.  Varnadoe  offered  the  following  resolution  : 

Resolved,  That  the  reporters  allowed  seats  on  this  floor 
by  resolution  on  the  second  day  of  its  session  be  permitted 
to  hold  seats  in  the  gallery  during  the  sessions  with  closed 
doors. 

The  resolution  was  taken  up  and  lost. 

Mr.  Martin  moved  to  take  up  the  resolution  offered  by 
him  on  yesterday,  calling  upon  the  Governor  for  informa- 
tion concerning  the  number  of  votes  given  by  the  people 
at  the  election  for  delegates  to  this  Convention. 

The  resolution  was  taken  up. 

Mr.  Hood  moved  the  indefinite  postponement  of  the  same. 
Whereupon  the  yeas  and  nays  were  demanded. 


JOURNAL  OF  THE 


There  are  yeas  168 ;  nays  127,  to  wit : 


Those  who  voted  in  the  affirmative  are  Messrs. : 


Adams  of  Camden, 

Fitzpatrick, 

Alexander  of  Fulton, 

Ford, 

Algood, 

Fort  of  Stewart, 

Anderson, 

Fort  of  Wayne, 

Bailey, 

Fouche, 

Banks, 

Furlow, 

Bartow, 

Gaulden, 

Beall  of  Troup, 

Gardner, 

Benning, 

Garvin, 

Blalock, 

Gee, 

Bozeman, 

Gholston, 

Briggs, 

Glenn  of  Fulton, 

Brown  of  Houston, 

Glenn  of  Oglethorpe, 

Bryan, 

Glover, 

Buchanan, 

Giles, 

Burch, 

Gray, 

Burnett, 

Gresham, 

Butts, 

Gunn, 

Calhoun, 

Hall, 

Cannon  of  Wayne, 

Hammond, 

Cantrell, 

Hansell, 

Carson, 

Hargroves, 

Chastain, 

Harville, 

Cheshier, 

Harris  of  Glynn, 

Clark, 

Harris  of  Mcintosh, 

Cleveland, 

Harris  of  Meriwether, 

Cobb, 

Harvey, 

Coleman, 

Hawkins, 

Colquitt, 

Head, 

Cox, 

Hendry, 

Dabney, 

Hendricks, 

Daniel, 

Hill  of  Hart, 

Davis  of  Chattahoochee, 

Hilliard, 

Davis  of  Putnam, 

Hines, 

Davenport  of  Clay, 

Hood, 

Davenport  of  Sumter, 

Howell, 

Dennis, 

Hull, 

Douglass, 

Humphries, 

Dozier, 

Jennings, 

Dewberry, 

Johnson  of  Oglethorpe 

Ellington, 

Jones  of  Burke, 

Fleming, 

Jones  of  Chatham, 

Flewellen, 

Lamar  of  Bibb, 

Fields, 

Lamb, 

GEORGIA  CONVENTION. 


Lattimer  of  Appling, 
Lester, 
Lindley, 
Logan, 
Logue, 
Lyle, 

Mabry  of  Berrien, 
Mallary, 

Martin  of  Elbert, 
McConnell  of  Catoosa, 
McComiell  of  Cherokee, 
McCullough, 
McDonald, 
McDowell, 
McCriff, 
McLeod, 

Moore  of  Bulloch, 
Moor  of  Spalding, 
Mounger, 
Munnerlyn, 
Nisbet, 
Padget, 
Pariss, 
Patterson, 
Phinizy  of  Monroe, 
Phinizy  of  Richmond, 
Pinson, 
Pittman, 
Pitts, 
Poe, 
Ponder, 
Porter, 
Poullain, 
Prescott, 
Pruett, 

Ramsey  of  Clinch, 
Ramsey  of  Muscogee, 
Reed, 
Reese, 
Rice, 

Those  who  voted  in  the 

Adams  of  Putnam, 
Alexander  of  Upson, 
Allen, 
Arnold, 
Beasley, 
Beck, 


Richardson  of  Lee, 

Richardson  of  Twists. 
i  • 

Robinson, 
Robertson, 
Roddey, 
Rowe, 
Rutherford, 
Sheffield  of  Calhoun, 
Sheffield  of  Earlv, 
Shell, 

Shropshire  of  Floyd. 
Skelton, 
Simms, 
Singleton, 
Solomons, 
Spencer, 

Stephens  of  Monroe, 
Stephens  of  Pierce, 
Strickland  of  Forsyth 
Styles, 
Teasley, 

Thomas  of  Doolv, 
Tidwell, 
Tillman, 
Tomlinson, 
Toombs, 
Troup, 

Tucker  of  Colquitt, 
Turner  of  Wilcox, 
Usry, 
Varnadoe, 
Walton, 
Waterhouse, 
Wnitehead, 
Williams  of  Mcintosh 
Willis, 

Winn  of  Cobb, 
Word, 
Wright, 

Young  of  Gordon, 
egative  are  Messrs.: 

Beall  of  Forsvth, 
Bell  of  Banks, 
Black, 
Bo  wen, 
Brewton, 
Briscoe, 


JOUENAL  OF  THE 


Brown  of  Marion, 

Langmade, 

Brown  of  Webster, 

Lattimer  of  Montgomery. 

Bnllard, 

Law, 

Bush, 

Long, 

Byrd, 

Mabry  of  Heard, 

Cannon  of  Rabun, 

Manson, 

Carswell, 

Martin  of  Lumpkin, 

Casey, 

McDaniel, 

Cochran  of  Terrell, 

McLain, 

Cochran  of  Wilkinson, 

McRae, 

Cody, 

Means, 

Collins, 

Mershon, 

Corn, 

Milton, 

Crawford  of  Greene, 

Mitchell, 

Day, 

Montgomery, 

Dickerson, 

Morrow, 

Deupree, 

Neal  of  Columbia, 

Fain, 

Neal  of  Talbot, 

Farnsworth, 

Newton, 

Freeman, 

Overstreet, 

Frier, 

Patrick, 

French, 

Perkins, 

Gordon, 

Pickett,  ■ 

Graham, 

Pierce, 

Hale, 

Pofford, 

Haines, 

Price, 

Hamilton, 

Reynolds, 

Harris  of  Hancock, 

Saffold, 

Henderson, 

Sharman, 

Herrington, 

Sharpe, 

Hill  of  Harris, 

Shropshire  of  Chattooga, 

Hill  of  Troup, 

Slater, 

Hudson  of  Gwinnett, 

Simmons  of  Gwinnett, 

Hudson  of  Harris, 

Simmons  of  Pickens, 

Huggins, 

Sirmons, 

Hurst, 

Sisk, 

Jackson, 

Smith  of  Charlton, 

Johnson  of  Clayton, 

Smith  of  DeKalb, 

Johnson  of  Hall, 

Smith  of  Johnson, 

Johnson  of  Jefferson, 

Smith  of  Talbot, 

Jordan, 

Spence, 

Kenan, 

Stapleton, 

Ketchum, 

Starr, 

Killgore, 

Stephens  of  Hancock, 

Kirnsey, 

Stephens  of  Taliaferro. 

Kirk  land, 

Street, 

Knox, 

Strickland  of  Tatnall, 

Lamar  of  Lincoln, 

Taliaferro, 

GEORGIA  CONVENTION. 


31 


Thomas  of  Whitfield, 
Trippe, 

Turner  of  Hancock, 

Warner, 

Webb, 

Wellborn, 

West, 

Whelchel, 

Wicker, 

Willingham, 

So  the  motion  prevailed. 


Williams  of  Chattooga, 

Williams  of  Harris, 

Williamson, 

Winn  of  Gwinnett, 

Wofford, 

Wood, 

Yates, 

Yopp, 

Young  of  Irwin. 


On  motion  of  Mr.  Stephens,  of  Taliaferro,  the  Door 
Keeper  was  directed  to  employ  an  assistant. 

Mr.  Nisbet,  from  the  committee  appointed  to  report  an 
Ordinance  to  assert  the  right  and  fulfil  the  obligation  of  the 
State  of  Georgia  to  secede  from  the  Union,  reported  the 
following  : 

AN  ORDINANCE 

To  dissolve  the  Union  between  the  State  of  Georgia  and 
other  States  united  with  her  under  a  compact  of  Gov- 
ernment entitled  "  the  Constitution  of  the  United  States 
of  America." 

We,  the  yeople  of  the  State  of  Georgia,  in  Convention  assem- 
bled, do  declcirc  and  ordain,  and  it  is  hereby  declared  and  or- 
dained : 

That  the  ordinance  adopted  by  the  people  of  the  State 
of  Georgia  in  Convention  on  the  second  day  of  January  in 
the  year  of  our  Lord  seventeen  hundred  and  eighty-eight, 
whereby  the  Constitution  of  the  United  States  of  America 
was  assented  to,  ratified  and  adopted ;  and  also  all  acts  and 
parts  of  acts  of  the  General  Assembly  of  this  State  ratify- 
ing and  adopting  amendments  of  the  said  Constitution,  are 
hereby  repealed,  rescinded  and  abrogated. 

We  do  further  declare  and  ordain,  That  the  Union  now  sub- 
sisting between  the  State  of  Georgia  and  other  States, 
under  the  name  of  the  "  United  States  of  America,"  is 
hereby  dissolved,  and  that  •  the  State  of  Georgia  is  in  the 


32 


JOURNAL  OF  THE 


full  possession  and  exercise  of  all  those  rights  of  sovereignty 
which  belong  and  appertain  to  a  free  and  independent  State. 

The  report  was  taken  up,  and,  on  motion  of  Mr.  Toombs, 
the  ordinance  was  twice  read. 

Mr.  Hill,  of  Troup,  moved  that  the  preamble  and  reso- 
lutions offered  by  Mr.  Johnson,  of  Jefferson,  on  yesterday, 
as  a  substitute  for  the  resolutions  adopted  by  the  Conven- 
tion raising  the  committee  to  report  an  ordinance  to  assert 
the  right  and  fulfil  the  obligation  of  the  State  of  Georgia 
to  secede  from  the  Union,  be  received  as  a  substitute  for 
the  same. 

On  which  motion  the  yeas  and  nays  were  demanded. 

There  are  yeas  133 ;  nays  164,  to  wit : 

Those  who  voted  in  the  affirmative  are  Messrs. : 


Adams  of  Putnam, 

Alexander  of  Upson, 

Arnold, 

Beasley, 

Beck, 

Bell  of  Banks, 

Bell  of  Forsyth, 

Black, 

Bowen, 

Brewton, 

Briscoe, 

Brown  of  Marion, 

Brown  of  Webster, 

Bullard. 

Bush, 

Byrd, 

Cannon  of  Rabun, 
Cars  well , 
Casey, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Cody, 

Collins, 

Corn, 

Crawford  of  Greene, 
Davis  of  Putnam, 
Day, 

Dickerson, 
Deupree, 


Fain, 

Farns  worth, 

Fields, 

Freeman, 

Frier, 

French, 

Gordon, 

Graham, 

Hale, 

Haines, 

Hamilton, 

Harris  of  Hancock, 

Harris  of  Meriwether, 

Henderson, 

Herrington, 

Hill  of  Harris, 

Hill  of  Troup, 

Hudson  of  Gwinnett, 

Hudson  of  Harris, 

Huggins, 

Hust, 

Jackson, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jordan, 

Kenan, 

Ketchum, 

Killgore, 


GEORGIA  CONVENTIOX. 


33 


Kimsey, 
Kirkland, 
Knox, 

Lamar  of  Lincoln, 
Langmade, 

Lattimer  of  Montgomery, 
Low, 
Long, 

Mabry  of  Heard, 
Manson, 

Martin  of  Lumpkin, 
McDaniel, 
McLain, 
McRae, 
Means, 
Mershon, 
Milton, 
Mitchell, 
Montgomery, 
Morrow, 

Neal  of  Columbia, 
Neal  of  Talbot, 
Newton, 
Over  street, 
Paris, 
Patrick, 
Perkins, 

Phinizy  of  Monroe, 
Pickett, 
Pierce, 
Pofford, 
Price, 
Reynolds, 
Saffold, 
Sharman, 
Sharpe, 

Shropshire  of  Chattooga, 
Simmons  of  Gwinnett, 

Those  who  voted  in  the  negatrv 
Adams  of  Camden, 
Alexander  of  Fulton, 
Algood, 
Allen, 
Anderson, 
Bailey, 
Banks, 
Bartow, 
3 


Simmons  of  Pickens, 
Sisk, 

Smith  of  Charlton, 
Smith  of  DeKalb, 
Smith  of  Johnson, 
Smith  of  Talbot, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Hancock, 
Stephens  of  Monroe, 
Stephens  of  Taliaferro, 
Street, 

Strickland  of  Tatnall, 

Taliaferro, 

Teasley, 

Thomas  of  Whitfield, 
Trippe, 

Tucker  of  Laurens, 

Turner  of  Hancock, 

Warner, 

Water  house, 

Webb, 

Wellborn, 

West, 

Whelchel, 

Wicker, 

Willi  ngh  am, 

Williams  of  Chattooga, 

Williams  of  Harris, 

Williamson, 

Winn  of  Gwinnett, 

WorTord, 

Wood, 

Yates, 

Yapp, 

Young,  of  Irwin, 


re  are  Messrs. : 

Beall  of  Troup, 
Benning, 
Blalock, 
Bozeman, 
Briggs, 

Brown  of  Houston, 
Bryan, 
Buchanan, 


-34 


JOURNAL  OF  THE 


Burch, 

Hansell, 

Burnett, 

Hargroves, 

Butts. 

Harville, 

Calhoun, 

Harris  of  Glynn, 

Cannon  of  Wayne, 

Harris  of  Mcintosh, 

Cantrejl, 

Harvey, 

Carson, 

Hawkins, 

Ghastain, 

Head, 

Cheshier, 

Hendry, 

Clarke, 

Hendricks, 

Cleveland, 

Hill  of  Hart, 

€obb, 

Hilliard, 

Coleman, 

Hines, 

Colquitt, 

Hood, 

Cox, 

Howell, 

Dabney, 

Hull, 

Daniel, 

Humphries, 

Davis  of  Chattahoochee, 

v  Jennings, 

Davenport  of  Clay, 

Johnson  of  Oglethorpe, 

Davenport  of  Sumter, 

Jones  of  Burke, 

Dennis, 

Jones  of  Chatham, 

Douglass, 

Lamar  of  Bibb, 

Dozier, 

Lamb, 

Dewberry, 

Lattimer  of  Appling, 

Ellington, 

Lester, 

Fleming, 

Lindley, 

Flewellen, 

Logan, 

Fitzpatrick, 

Logue, 

Ford, 

Lyle, 

Fort  of  Stewart, 

Mabry  of  Berrien, 

Fort  of  Wayne, 

Mallary, 

Fouche, 

Martin  of  Elbert, 

Furlow, 

McConnell  of  Catoosa, 

Gaulden, 

McConnell  of  Cherokee, 

Gardner, 

McCulloch, 

Garvin, 

McDonald, 

Gee, 

McDowell, 

Gholston, 

McGrifF, 

Glenn  of  Fulton, 

McLeod, 

Glenn  of  Oglethorpe, 

Moore  of  Bulloch, 

Glover, 

Moor  of  Spalding, 

Giles, 

Mounger, 

<j  7 

Gray,, 

Munnerlyn, 

Gresham, 

Nisbet, 

Gunn, 

Padget, 

Hall, 

Patterson, 

Hammond. 

Phinizy  of  Richmoud, 

GEO  R  G I A  CONTENTION. 


35 


Pinson, 

Simms, 

Pirtrnan. 

Singleton, 

Pitts, 

Sirmons, 

Poe, 

Solomons, 

Ponder. 

Spencer, 

Porter, 

Stephens  of  Pierce, 

Poullain, 

Strickland  of  Forsyth, 

Prescott, 

Strother, 

Pruett, 

Styles, 

Ramsey  of  Clinch. 

Thomas  of  Dooly, 

Ramsey  of  Muscogee, 

Tidwell, 

Peed,  * 

Tillman, 

Reese, 

Tomlinson, 

Pice. 

Toombs, 

Richardson  of  Lee, 

Troup, 

Richardson  of  Twiggs, 

Tucker  of  Colquitt. 

Robinson, 

Turner  of  Wilcox, 

Robertson, 

Usrv, 

Roddev, 

Yarn  a  doe. 

Rowe, 

Walton, 

Rutherford, 

Whitehead, 

Sheffield  of  Calhoun, 

Williams  of  ^Iclntosh, 

Sheffield  of  Early, 

Willis, 

Shell. 

Winn  of  Cobb, 

Shropshire  of  Floyd, 

Word, 

Slater. 

Wright, 

Skelton, 

Young  of  Gordon, 

So  the  motion  was  lost. 


Mr.  Nishet  moved  that  the  Ordinance  be  put  upon  its 
passage. 

Whereupon  Mr.  Simmons,  of  Gwinnett,  offered  the  fol- 
lowing amendment  : 

"  Provided  that  this  ordinance  shall  2:0  into  effect  on  the 
third  day  of  March  next.*' 

Mr.  Hood  moved  the  previous  question,  which  being 
-seconded,  the  question  came  up  on  the  passage  of  the  ordi- 
nance, when  the  yeas  and  nays  were  demanded. 

There  are  yeas  208  ;  nays  S9 — the  President  voting  in  the 
affirmative — to  wit  : 

Those  who  voted  in  the  affirmative  are  Messrs. 


Adams  of  Camden.  Algood, 
Alexander  of  Fulton,  Allen, 


JOURNAL  OF  THE 


Anderson, 

Bailey, 

Banks, 

Bartow, 

Beasley, 

Beall  of  Troup, 

Benning, 

Black, 

Blalock, 

Bo  wen, 

Bozeman, 

Briggs, 

Briscoe. 

Brown  of  Houston, 

Brown  of  Marion, 

Brown  of  Webster, 

Bryan, 

Buchanan, 

Bullard, 

Burch, 

Burnett, 

Bush, 

Butts, 

Calhoun, 

Cannon  of  Wayne, 

Cantrell, 

Carson, 

Casey, 

Chastain, 

Cheshier, 

Clarke, 

Cleveland, 

Cobb, 

Cody, 

Coleman, 

Collins, 

Colquitt, 

Cox, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Dabney, 
Daniel, 

Davis  of  Chattahoochee, 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Dennis, 

Douglass, 

Dozier, 


Dewberry, 

Ellington, 

Fleming, 

Flewellen, 

Fields, 

Fitzpatrick, 

Ford, 

Fort  of  Stewart, 

Fort  of  Wayne, 

Fouche, 

French, 

Furlow, 

Gaulden, 

Gardner, 

Garvin, 

Gee, 

Gholston, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Glover, 

Giles, 

Gray, 

Gresham, 

Gunn, 

Hall, 

Haines, 

Hammond, 

Hansell, 

Hargroves, 

Harville, 

Harris  of  Glynn, 

Harris  of  Hancock, 

Harris  of  Mcintosh, 

Harris  of  Meriwether, 

Harvey, 

Hawkins, 

Head, 

Henderson, 

Hendry, 

Hendricks, 

Hill  of  Harris, 

Hill  of  Hart, 

Hill  of  Troup, 

Hilliard, 

Hines, 

Hood, 

Howell, 

Hudson  of  Harris, 


GEORGIA  CONVENTION. 


Hull, 

Humphries, 
Jennings, 

Johnson  of  Clayton, 

Johnson  of  Oglethorpe, 

Jones  of  Burke. 

Jones  of  Chatham, 

Ketchum. 

Lamar  of  Lincoln, 

Lamar  of  Bibb. 

Lamb. 

Langmade, 

Lattimer  of  Appling, 

Low, 

Lester. 

Linclley. 

Logan, 

Logue, 

Long, 

Lyle, 

Mabry  of  Berrien, 
Mallary. 

Martin  of  Elbert. 

3IcConnell  of  Catoosa, 

McGonneli  of  Cherokee, 

McCulloch, 

HeDaniel, 

McDonald, 

McDowell. 

Mc  Griff, 

McLeod, 

Means. 

Mershon. 

Moore  of  Bulloch, 

Moore  of  Spalding, 

Montgomery, 

Mounger, 

Mannerlyn, 

Heal  of  Columbia, 

Xisbet, 

Padget, 

Patterson. 

Phinizy  of  Richmond, 

Pinson, 

Pjttman, 

Pitts. 

Poe, 

Ponder, 


Porter, 
Poullain, 
Prescott, 
Pruett, 

Ramsey  of  Clinch. 

Ramsey  of  Muscogee, 

Reed. 

Reese, 

Rice, 

Richardson  of  Lee, 

Richardson  of  Twiggs. 

Robinson, 

Robertson, 

Rodcley, 

Rowe, 

Rutherford. 

Saffold. 

Sheffield  of  Calhoun, 
Sheffield  of  Early, 
Shell, 

Shropshire  of  Floyd, 

Slater, 

Skelton, 

Simms, 

Singleton. 

Sirmons, 

Sisk, 

Smith  of  Talbot, 
Solomons, 
Spence, 
Spencer, 

Stephens  of  Monroe, 

Stephens  of  Pierce, 

Strickland  of  Forsyth, 

Strother, 

Styles. 

Teasley, 

Thomas  of  Dooly. 

Thomas  of  Whitfield, 

Tidwell, 

Tillman, 

Tomlinson. 

Toombs, 

Troup. 

Tucker  of  Colquitt. 
Turner  of  Hancock, 
Turner  of  Wilcox, 
Ifsrv, 


38 


JOURNAL  OF  THE 


Varnadoe, 
Walton, 
Whitehead, 
Wicker, 

Williams  of  Harris, 
Williams  of  Mcintosh, 


Willis, 

Winn  of  Cobb, 
Word, 
Wright, 
Yopp, 

Young  of  Gordon. 


Those  who  voted  in  the  negative,  are  Messrs. 


Alexander  of  Upson, 

Arnold, 

Beck, 

Bell  of  Banks, 
Bell  of  Forsyth, 
Brewton, 
Byrd, 

Cannon  of  Kabun, 
Carswell, 

Cochran  of  Terrell, 
Cochran  of  Wilkinson, 
Corn, 

Davis  of  Putnam, 
Day, 

Dickerson, 

Deupree, 

Fain, 

Farnsworth, 

Freeman, 

Frier, 

Gordon, 

Graham, 

Hale, 

Hamilton, 

Herrington, 

Hudson  of  Gwinnett, 

Huggins, 

Hust, 

Jackson, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jordan, 

Kenan, 

Killgore, 

Kimsey, 

Kir  kl  and, 

Knox, 

Lattimer  of  Montgomery, 
Mabry  of  Heard, 


Manson, 

Martin  of  Lumpkin f 

McLain, 

McBae, 

Milton, 

Mitchell, 

Morrow, 

Neal  of  Talbot, 

Newton, 

Overstreet, 

Paris, 

Patrick, 

Perkins, 

Phinizy  of  Monroe, 

Pickett, 

Pierce, 

PofFord, 

Price, 

Eeynolds, 

Sharman, 

Sharpe, 

Shropshire  of  Chattooga5 
Simmons  of  Gwinnett, 
Simmons  of  Pickens, 
Smith  of  Charlton, 
Smith  of  DeKalb, 
Smith  of  Johnson, 
Stapleton, 
Starr, 

Stephens  of  Hancock, 
Stephens  of  Taliaferro, 
Street, 

Strickland  of  Tatnall, 

Taliaferro, 

Trippe, 

Tucker  of  Laurens, 
Warner, 
Waterhouse, 
Webb, 


GEORGIA    CONVENTION.  39 

Wellborn.  Winn  of  Gwinnett. 

West.  '  Wofford, 

Whelchel,  Wood. 

Willingham,  Yates. 

Williams  of  Chattooga.       Young  of  Irwin. 
Williamson. 

So  the  ordinance  was  adopted. 

Whereupon  the  President  said  that  it  was  his  privilege 
and  pleasure  to  declare  that  the  State  of  Georgia  was  free, 
sovereign,  and  independent. 

Mr.  Beall,  of  Troup  offered  the  following  resolution  : 

Resolved,  That  the  Secretary  of  the  Convention  prepare 
parchment  upon  which  to  enrol  the  ordinance  of  secession 
for  the  signature  of  the  members  of  the  Convention,  and 
that  the  same  be  deposited  among  the  archives  of  the  State 
of  Georgia. 

Mr.  Nisbet  offered  the  following  as  a  substitute  for  the 
foregoing  : 

Resolved,  That  the  ordinance  of  secession  be  engrossed, 
under  the  direction  of  a  committee  of  three  to  be  appointed 
by  the  chair,  upon  parchment,  and  reported  to  the  Conven- 
tion for  signature  at  12  o'clock  on  Monday  next,  and  when 
signed  that  it  be  deposited  in  the  archives  of  the  State. 

Resolved,  That  the  committee  appointed  by  the  above 
resolution  be.  and  they  are  hereby  instructed  to  invite  his 
Excellency  the  Governor,  the  Commissioners  from  South 
Carolina  and  Alabama,  and  the  Judges  of  the  Supreme 
Court,  who  may  be  in  attendance,  to  be  present  at  the 
signing  of  the  ordinance. 

The  substitute  was  received  and  adopted. 

The  chair  announced  the  following  as  the  committee  un- 
der the  foregoing  resolution,  to  wit : 

Messrs.  Beall  of  Troup, 

Yarn  a  doe  of  Liberty. 
Hawkins  of  Sumter. 

On  motion  of  Mr.  Bartow,  the  resolution  offered  by  him 


40 


JOURNAL  OF  THE 


on  yesterday  for  the  appointment  of  standing  committees, 
was  taken  up  and  agreed  to. 

Mr.  Bartow  offered  the  following  resolution,  which  was 
taken  up  and  read  : 

Resolved,  That  until  otherwise  ordered  by  this  Conven- 
tion, the  Collectors  of  Customs  and  Postmasters  within  this 
State,  shall  continue  to  discharge  the  duties  of  their  offices, 
in  accordance  with  the  regulations  heretofore  governing 
them. 

Mr.  Msbet  moved  to  amend  the  same  by  inserting  after 
the  word  "Postmasters"  the  words  "  and  all  civil  Federal 
officers" 

The  amendment  was  adopted,  and  the  resolution  as  amen- 
ded was  passed. 

Mr.  Alexander  of  Upson,  offered  the  following  resolutions, 
which  were  read : 

Resolved,  as  the  sense  of  this  Convention,  That  the  people  of 
Georgia  would  be  willing  that  the  Federal  Union,  now- 
broken  and  dissolved,  should  be  reconstructed  whenever  the 
same  can  be  done  upon  a  basis  that  would  secure,  perma- 
nently and  unequivocally,  the  full  measure  of  the  rights 
and  equality  of  the  people  of  the  slaveholding  States. 

Resolved,  That  we  recommend  to  any  Convention  that 
may  be  held  by  the  slaveholding  States,  the  consideration 
of  the  policy  indicated  by  the  foregoing  resolution,  and  that 
said  Convention,  in  the  event  that  it  concurs  in  the  same, 
should  consider  and  declare  the  terms  and  conditions  upon 
which  such  reconstruction  may  be  had. 

Resolved,  That  the  President  of  this  Convention  cause  a 
copy  of  these  resolutions  to  be  forwarded  to  any  Conven- 
tion that  may  be  held  by  the  slaveholding  States. 

Leave  of  absence  was  granted  to  Messrs.  Strother  of  Lin- 
coln, and  Banks  of  Stewart,  on  account  of  sickness. 

On  motion  of  Mr.  Hood,  the  Convention  adjourned  till 
ten  o'clock  Monday  morning. 


GEORGIA  CONVENTION. 


MONDAY,  JANUARY  21,  1S61. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Crawford. 

A  quorum  being  present,  the  journal  was  read. 

Mr.  Simms,  of  Decatur,  moved  to  reconsider  so  much  of 
the  journal  of  yesterday,  as  relates  to  the  passage  of  the 
resolution,  offered  by  Mr.  Bartow,  in  order  to  strike  out  the 
amendment  thereto,  concerning  "  Civil  Federal  Officers" 

The  motion  did  not  prevail. 

On  motion  of  Mr.  Harris  of  Meriwether,  Mr.  Martin  a  del- 
gate  from  the  same  county,  was  permitted  to  record  his 
vote  on  each  of  the  propositions  offered  by  Messrs.  Xisbet 
and  Johnson,  of  Jefferson,  to  the  Convention — that  delegate 
having  been  prevented  from  voting  on  the  same  by  indis- 
position. 

Mr.  Martin,  therefore,  voted  in  the  affirmative  for  the 
substitute  offered  by  Mr.  Johnson  of  Jefferson,  and  in  the 
negative  on  the  resolutions  offered  by  Mr.  Nisbet,  and  in 
the  affirmative  on  the  adoption  of  the  ordinance  of  seces- 
sion. 

Mr.  Fleming  laid  on  the  table  the  following  ordinance, 
which  was  read. 

AX  ORDINANCE 

To  prescribe  the  mode  in  which  the  acts,  records  and  judi- 
cial proceedings  in  each  of  the  States  lately  composing  the 
Union,  known  as  the  United  States  of  America,  and  the 
records  and  exemplifications  of  office  books,  which  are  or 
may  be  kept  in  any  public  office  of  any  such  State,  not 
pertaining  to  a  Court,  shall  be  authenticated  so  as  to 
take  effect  in  the  State  of  Georgia. 

The  people  of  Georgia  in  Convention  assembled,  do  ordain  and 
declare,  and  it  is  hereby  ordained  and  declared  as  follows,  to-icit  : 

1st-  That  until  further  legislation  by  the  General  Assem- 
bly, the  records  and  judicial  proceedings  of  the  Courts  of 


42  JOURNAL   OF  THE 

any  of  the  States  lately  composing  the  Union,  known  as  the 
United  States  of  America,  shall  be  proved  or  admitted  in 
any  of  the  Courts  within  the  State  of  Georgia,  by  the  at- 
testation of  the  Clerk,  and  the  seal  of  the  Court  annexed,  if 
there  be  a  seal,  together  with  the  certificate  of  the  Judge, 
Chief  Justice,  or  presiding  Magistrate,  as  the  case  may  be, 
that  the  attestation  is  in  due  form.  And  the  said  records 
and  judicial  proceedings  authenticated  as  aforesaid,  shall 
have  such  faith  and  credit  given  to  them  in  any  Court  of 
the  State  of  Georgia,  as  they  have  law  or  usage  in  the 
Courts  of  the  State,  from  which  the  said  records  are  or  shall 
be  taken. 

Sec.  2.  That  until  further  legislation,  all  records  and  ex- 
emplifications of  office  books,  which  are,  or  may  be  kept  in 
any  State  of  such  Union,  not  appertaining  to  a  Court,  shall 
be  proved  or  admitted  in  any  other  Court  or  office  in  this 
State,  by  the  r  ttestation  of  the  keeper  of  said  records  or 
books,  with  the  seal  of  his  office  thereto  annexed,  if  there  be 
a  seal,  together  with  the  certificate  of  the  presiding  Justice 
of  the  Court  of  the  county  or  district,  as  the  case  may  be, 
in  which  such  office  is  or  may  be  kept,  or  of  the  Governor, 
Secretary  of  State,  Chancellor  or  keeper  of  the  great  seal  of 
the  State,  that  the  said  attestation  is  in  due  form  and  by  the 
proper  officer.  And  the  said  certificate  if  given  by  the  pre- 
siding Justice  of  a  Court,  shall  be  further  authenticated  by 
the  Clerk  or  protonotary  of  the  said  Court,  who  shall  certify 
under  his  hand  and  the  seal  of  his  office,  that  the  said  pre- 
siding Justice  is  duly  commissioned  and  qualified,  or  if  the 
said  certificate  be  given  by  the  Governor,  the  Secretary  of 
State,  or  keeper  of  the  great  seal,  it  shall  be  under  the  great 
seal  of  the  State  in  which  such  certificate  is  made.  And  the 
said  records  and  exemplifications  authenticated  as  aforesaid, 
shall  have  such  faith  and  credit  given  to  them  within  this 
State,  as  they  have  law  or  usage  in  the  Courts  or  office  of 
the  State  whence  the  same  are  or  shall  be  taken. 

Sec.  3.  That  until  such  further  legislation,  the  provisions 
of  this  ordinance  shall  apply  to  the  public  acts,  records, 
office  books,  judicial  proceedings,  Courts  and  offices  of  the 
respective  territories,  lately  of  said  Union,  and  countries 
lately  subject  to  the  jurisdiction  thereof. 


GEORGIA  CONVENTION. 


Mr.  Cocliran  of  "Wilkinson,  laid  on  the  table  the  following 
preamble  and  resolutions  which  were  read. 

The  aggressions  of  the  people  of  the  Northern  States,  of 
the  Republic  of  the  United  States  of  America,  upon  the 
constitutional  rights  of  the  State  of  Georgia,  having  been 
deemed  by  the  people  of  Georgia  sufficient  cause  to  impel 
her  in  the  maintainance  of  her  rights  and  honor,  to  with- 
draw  her  connection  with  the  Federal  Union,  and  to  resume 
her  sovereignty  and  independence,  j  ustice  to  herself  requires 
that  she  should  demand  her  proportional  part  of  the  public 
property,  and  intending  to  preserve  untarnished,  her  honor, 
in  the  discharge  of  every  moral  obligation,  and  in  good  faith 
to  the  creditors  of  the  General  Government,  contracted  with 
while" Georgia  was  a  member  thereof,  urge  her  to  a  guaran- 
tee of  the  payment  of  her  pro  rata  part  of  the  public  debt  of 
the  United  States,  existing  at  the  time  of  the  act  of  secession 
of  this  State  from  the  Union. 

Be  it  therefore  resolved,  That  Georgia  will  demand,  and  en- 
force her  rights,  to  her  proportion  of  the  public  property, 
held  by  the  General  Government  at  the  time  of  the  dissolu- 
tion of  the  partnership. 

Resolved  further,  That  Georgia  will  assume  and  guarantee 
the  payment  of  her  pro  rata  part  of  the  public  debt  of  the 
United  States,  existing  at  the  time  of  her  secession  from  the 
Union. 

Resolved  further ;  That  the  foregoing  resolutions  be  com- 
municated to  the  Governor,  with  the  request  that  he  lay 
them  before  the  Legislature  upon  its  re-assembling,  with 
the  recommendation  of  this  Convention  that  the  Legislature 
take  such  action  as  may  be  necessary  to  carry  the  same  into 
effect. 

Resolved  further,  That  this  Convention  of  the  people  of 
Georgia,  respectfully  call  the  attention  of  our  sister  seceding 
States  to  this  subject,  and  ask  their  co-operation  in  the  poli- 
cy, and  that  the  Governor  of  Georgia  be  requested  to  com- 
municate the  same  to  the  respective  Governor's  there- 
of." 

Mr.  Yarnadoe  offered  the  following  ordinance  which  was 
read : 


44 


JOURNAL   OF  THE 


"  Whj&rmsi  many  of  the  citizens  of  Georgia  hold  office  in 
the  Army  or  Navy  of  the  United  States,  who  impelled  by 
patriotic  impulses,  will  resign  and  return  to  their  native 
State : 

Therefore,  The  people  of  Georgia,  in  Convention,  do  here- 
by ordain,  that  such  shall  be  allowed  the  same  rank  and 
grade  in  the  Army  and  Navy  of  the  Commonwealth  of  Geor- 
gia, with  the  same  pay  and  emoluments,  which  they  receive 
in  the  Army  or  Navy  of  the  United  States." 

Mr.  Johnson,  of  Clayton,  offered  the  following  resolutions 
wThich  were  taken  up,  and  read  : 

"  Resolved,  That  the  Hon.  T.  L.  Guerry,  President  of  the 
Senate,  and  the  Hon.  C.  J.  Williams,  Speaker  of  the  House 
of  Kepresentatives  be,  and  they  are  hereby  invited  to  seats 
on  the  floor  of  this  Convention. 

And  be  it  further  resolved,  That  the  gallery  be  opened  from 
day  to  day,  unless  otherwise  ordered  by  the  President,  for 
the  reception  of  the  ladies,  and  that  this  Convention  re- 
spectfully invite  them  to  seats  in  the  same." 

Mr.  Cannon,  of  Wayne,  moved  to  strike  out  the  word 
"  ladies"  in  the  last  resolution,  which  was  carried. 

Mr.  Styles  moved  to  insert  "  reporters"  pending  the  con- 
sideration of  which,  Mr.  Hill,  of  Troup,  moved  to  strike  out 
all  after  the  word  "  President"  which  was  carried. 

Mr.  Briscoe  moved  to  divide  the  resolutions,  which  mo- 
tion prevailed. 

Whereupon,  the  first  resolution  was  adopted. 

The  second  resolution  as  amended,  was  then  put  upon  its 
passage,  when 

Mr.  Styles  moved  to  insert,  "  and  that  Keporters  be  invit- 
ed to  seats  upon  the  floor." 

Mr.  Cannon,  of  Wayne,  moved  to  amend  by  limiting  the 
number  of  reporters  to  "  ten"  which  motion  prevailed. 

The  amendment  of  Mr.  Styles,  as  amended  did  not  pre- 
vail. 


GEORGIA  CONVENTION. 


45 


On  the  question  being  put,  the  second  resolution  in  the 
following  form  was  adopted,  to-wit  : 

And  he  it  further  resolved,  That  the  gallery  be  opened  from 
day  to  day,  unless  otherwise  ordered  by  the  President. 

Mr.  Nisbet,  offered  the  following  preamble  and  resolution 
which  were  taken  up  and  read: 

"Whereas,  the  lack  of  unanimity  in  the  action  of  this  Con- 
vention, in  the  passage  of  the  Ordinance  of  Secession,  indi- 
cates a  difference  of  opinion  amongst  the  members  of  the 
Convention,  not  so  much  as  to  the  rights  which  Georgia 
claims,  or  the  wrongs  of  which  she  complains,  as  to  the 
remedy  and  its  application  before  a  resort  to  other  means 
of  redress : 

And  whereas,  it  is  desirable  to  give  expression  to  that  in- 
tention which  really  exists  among  all  the  members  of  this 
Convention,  to  sustain  the  State  in  the  course  of  action 
which  she  has  pronounced  to  be  proper  for  the  occasion, 
therefore  : 

Resolved,  That  all  members  of  this  Convention,  including 
those  who  voted  against  the  said  ordinance,  as  well  as  those 
who  voted  for  it,  will  sign  the  same  as  a  pledge  of  the  unani- 
mous determination  of  this  Convention  to  sustain  and  de- 
fend the  State,  in  this  her  chosen  remedy,  with  all  its  res- 
ponsibilities and  consequences,  without  regard  to  individu- 
al approval  or  disapproval  of  its  adoption." 

Mr.  Nisbet  then  moved  their  adoption,  which  motion 
prevailed. 

Mr.  Shropshire,  of  Floyd,  laid  upon  the  table  the  follow- 
ing resolution,  which  wras  read : 

"  Whereas,  it  is  now,  more  than  ever  before,  the  duty  of 
Georgia,  to  husband  all  her  resources,  and  whereas,  an  eco- 
nomical administration  of  the  Government,  will  greatly 
tend  to  the  accomplishment  ot  this  object. 

Therefore  he  it  resolved,  That  a  committee  of,  be  ap- 
pointed, whose  duty  it  shall  be  to  inquire  into  the  power 
of  this  Convention,  to  reduce  the  number  of  Senators  and 
Representatives  in  the  General  Assembly  of  Georgia,  and  if 
the  power  to  do  so,  exists  in  this  body,  to  report  an  ordi- 
nance or  such  other  measure  as  will  effect  this  purpose,  and 
on  such  basis  as  they  may  think  best. 


46 


JOUENAL  OF  THE  . 


Mr.  Beall,  of  Troup,  from  the  committee  to  prepare  the 
Ordinance  of  Secession  for  the  signatures  of  the  delegates, 
reported  that  the  committee  had  discharged  that;  duty,  'and 
that  the  ordinance  was  engrossed  upon  parchment,  and  was 
subject  to  the  disposition  of  the  Convention. 

Mr.  Cobb  offered  the  following  resolutions,  which  were 
read : 

Resolved,  That  the  committee  on  foreign  affairs  (when  ap- 
pointed), be  requested  to  nominate  to  this  Convention  for 
its  ratification,  the  names  of  two  proper  persons  to  represent 
the  State  of  Georgia,  as  Commissioners  to  the  Conventions 
of  the  people  of  the  States  of  Lousiana  and  Texas  respec- 
tively. 

Resolved  further,  That  the  same  committee  be  requested 
to  consider  and  report  upon  the  propriety  of  requesting 
those  slave-holding  States,  which  shall  not  have  seceded  by 
the  fourth  day  of  February  next,  to  appoint  Commissioners 
to  represent  such  States,  at  the  Congress  of  the  seceding 
Stalls,  to  be  held  at  Montgomery  on  that  day. 

He  then  moved  to  take  up  and  adopt  the  first  resolution. 

Which  motion  prevailed. 

Mr.  Martin  moved  to  take  up  his  resolution,  directing 
that  the  Ordinance  of  Secession  be  published  by  proclama- 
tion of  the  Governor,  and  submitted  to  the  people  of  this 
State  for  ratification  by  the  20th  of  February  next,  &c. 

The  motion  to  take  up  prevailed. 

He  then  moved  that  the  resolution  be  adopted. 

The  motion  was  lost. 

Mr.  Chastain  laid  on  the  table  the  following  resolution, 
which  was  read  : 

Resolved,  That  this  Convention  in  behalf  of  the  Republic 
of  Georgia,  assume  the  payment  of  debts  to  become  due 
carriers  of  mails  from  and  after  the  passage  of  the  Ordinance 
of  Secession. 

The  President,  at  12  o'clock  M.  announced  to  the  Con- 
vention, that  the  hour  had  arrived  for  signing  the  Ordinance 
of  Secession,  and  having  first  placed  his  signature  thereto, 


GEORGIA  CuXYEXTIOX. 


4? 


the  Seeret-ary  was  directed  to  ,;  call  the  counties,"  when 
the  delegates  proceeded  to  affix  their  signatures  to  the 
same. 

Mr.  Xisbet  then  moved  that  the  committee  to  prepare  the 
Ordinance  of  Secession  for.  the  signatures  of  the  delegates, 
now  cause  the  great  seal  of  the  State  to  be  attached  there- 
to. 

The  motion  prevailed. 

Air.  Milliard  ottered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted. 

Resolved,  That  the  President  of  this  Convention,  cause  a 
certified  copy  of  the  ordinance  just  signed,  to  be  sent  to  our 
Senators  and  Representatives  in  the  Congress  of  the  United 
States :  and  also  a  similar  copy  to  the  President  of  the  Unit- 
ed States  ;  and  a  similar  copy  to  the  Governor  of  each  of 
the  States  lately  composing  the  United  Srates  of  America. 

The  President  announced  the  following  Standing  Com- 
mittees.'' to-wit  : 

Committee  on  the  Relations  with  the  Slave-holding  States 
of  North  America: 

Messrs.  Penning, 
Poullain," 

Alexander  of  Upson, 

Hawkins. 

Woffordi 

Lamar  of  Pibb. 

Langmade, 

Styles, 

Stephens  of  Monroe, 
Spencer. 
McDaniel, 
Means, 

Cannon  of  Wayne. 


48 


JOURNAL  OF  THE 


Committee  on  Foreign  Relations: 

Messrs.  Toombs, 

Stephens  of  Taliaferro, 

Colquitt, 

Hull, 

Johnson  of  Jefferson, 
Poe, 
Briscoe, 
Fleming, 
Warner, 
Hansell, 
Douglass, 
.  Chastain, 
Davis  of  Putnam. 

Committee  on  Commercial  and  Postal  Arrangements. 

Messrs.  Anderson, 

Harris  of  Glynn, 
Bell  of  Forsyth, 
Bailey, 

Hudson  of  H arris, 

Alexander  of  Fulton, 

French, 

Hood, 

Calhoun, 

Shropshire  of  Floyd, 

Dabney, 

Sims, 

Casey. 

Committee -on  Military  Affairs: 

Messrs.  Bartow, 
Tidwell, 

Brown  of  Marion, 

Bryan, 

Robertson, 

Montgomery, 

Giles, 


GEORGIA  CONVENTION. 


49 


Messrs.  Saffold, 
Burch, 

Smith  of  Talbot, 
Strickland, 
Rutherford, 
Martin  of  Elbert. 

Committee  on  the  Constitution  of  the  State,  and  Consti- 
tution and  Laws  of  the  United  States : 

Messrs.  Cobb, 
Clarke. 

Stephens  of  Hancock, 

Ramsey  of  Muscogee, 

Crawford  of  Green, 

Hill  of  Troup, 

Glenn  of  Fulton, 

Reese, 

Trippe, 

Fouche, 

Kenan, 

Rice, 

Lamar  of  Lincoln, 

Leave  of  absence  was  granted  to  Mr.  Styles  of  Ware,  on 
account  of  important  business,  and  to  Mr.  Usry  on  account 
of  sickness  in  his  family. 

On  motion  of  Mr.  Chastain,  the  Convention  then  adjourn- 
ed till  10  o'clock  to-morrow  morning. 


TUESDAY,  JANUARY  22,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Adams. 

A  quorum  being  present,  the  journal  of  yesterday  was 
read. 

Mr.  Varnadoe's  resolution,  relative  to  officers  in  the 
Army  and  Navy  of  the  United  States,  (citizens  of  Georgia 
who  will  resign  and  return  to  their  native  State)  was  taken 
up  and  referred  to  the  Committee  on  Military  Affairs. 
4 


50 


JOURNAL  OF  THE 


Mr.  Alexander's  (of  Upson)  resolutions  relative  to  a  re- 
construction of  the  late  "Federal  Union"  was  taken  up,  and 
referred  to  the  Committee  on  Foreign  Relations. 

The  Ordinance  laid  upon  the  table  on  yesterday,  intro- 
duced by  Mr.  Fleming,  "to  prescribe  the  mode  in  which  the 
acts,  records,  and  judicial  proceedings  in  each  of  the  States 
lately  composing  the  Union  known  as  the  '  United  States  of 
America,"'  and  for  other  purposes,  was  taken  up  and  refer- 
red to  the  Committee  on  the  Constitution  of  the  State,  and 
the  Constitution  and  Laws  of  the  United  States. 

The  resolution  of  Mr.  Shropshire  of  Floyd,  to  appoint  a 
Committee  whose  duty  it  shall  be  to  inquire  into  the  power 
of  this  Convention  to  reduce  the  number  of  Senators  and 
Representatives  in  the  General  Assembly,  and  if  so,  to  re- 
port an  Ordinance  thereon,  was  taken  up. 

On  motion,  the  blank  in  the  resolution  was  filled  with 
.the  word  "sixteen" 

The  resolution  was  then  adopted. 

The  second  of  a  series  of  resolutions  introduced  by  Mr. 
Cobb  on  yesterday,  requesting  the  Committee  on  Foreign 
Relations,  to  consider  and  report  upon  the  propriety  of 
requesting  those  slaveholding  States  which  shall  not  have 
seceded  by  the  4th  day  of  February  next,  to  appoint  Com- 
missioners to  represent  said  States  at  the  Congress  of  the 
seceding  States  to  be  held  at  Montgomery  on  that  day,  was 
taken  up  and  referred  to  that  Committee. 

Mr.  Varnadoe's  resolution  relative  to  the  employment  o^ 
small  armed  steamers  to  ply  along  the  sea-coast,  to  prevent 
depredations  of  piratical  or  marauding  parties,  was  taken 
up  and  referred  to  the  Committee  on  Military  Affairs. 

Mr.  Chastain's  resolution  relative  to  the  assumption  of 
debts  to  become  due  to  carriers  of  mails  from  and  after  the 
passage  of  the  Ordinance  of  secession,  was  taken  up  and 
referred  to  the  Committee  on  Commercial  and  Postal  Ar- 
rangements. 

Mr.  Simmons  of  Gwinnett,  laid  on  the  table  the  following 
quasi  protest,  which  was  taken  up,  read,  and  ordered  to  be 
spread  upon  the  journal : 


GEORGIA  CONVENTION. 


51 


"We,  the  undersigned  delegates  to  the  Convention  of  the 
State  of  Georgia,  now  in  session,  while  we  most  solemnly 
protest  against  the  action  of  the  majority  in  adopting  an 
Ordinance  for  the  immediate  and  separate  secession  of  this 
State,  and  would  have  preferred  the  policy  of  co-operation 
wTith  our  Southern  sister  States,  yet  as  good  citizens,  we 
yield  to  the  will  of  a  majority  of  her  people  as  expressed 
by  their  representatives,  and  we  hereby  pledge  "our  lives, 
our  fortunes,  and  our  sacred  honor,"  to  the  defence  of 
Georgia,  if  necessary,  against  hostile  invasion  from  any 
source  whatever. 

Milledgeville,  Ga.,  January  22d,  1861. 

JAMES  P.  SIMMONS,  of  Gwinnett, 
THOMAS  M.  McRAE,  of  Montgomery, 
F.  H.  LATIMER, 
DAVIS  WHELCHEL,  of  Hall, 
P.  M.  BYRD, 

JAMES  SIMMONS,  of  Pickens." 

Mr.  Garvin  offered  the  following  Ordinance,  which  was 
taken  up,  read,  and  referred  to  the  Committee  on  the  Con- 
stitution of  the  State,  and  the  Constitution  and  Laws  of 
the  United  States,  to-wit : 

AN  ORDINANCE  : 

"  The  people  of  Georgia  in  Convention  assembled,  do 
hereby  ordain  that  all  white  persons  residing  within  the 
limits  of  this  State  at  the  date  of  the  Ordinance  of  seces- 
tion,  are  hereby  constituted  citizens  of  the  State,  without 
regard  to  place  of  birth,  or  length  of  residence." 

Mr.  Bartow  laid  upon  the  table  a  communication  from 
the  Post  Master  at  Savannah,  wThich  on  his  motion,  was 
taken  up,  read,  and  on  motion  of  Mr.  Chastain,  wras  refer- 
red to  the  Committee  on  Commercial  and  Postal  Ar- 
rangements. 

Mr.  Styles  of  Ware,  offered  the  following  resolution^ 
which  on  his  motion,  was  referred  to  the  Committee  on 
the  Constitution  of  the  State,  and  the  Constitution  and 
laws  of  the  United  States  : 


52 


JOUENAL  OF  THE 


Resolved,  That  it  be  referred  to  the  Committee  on  the 
Constitution  to  enquire  and  report  on  the  expediency  of 
appointing  forthwith  a  council  to  consist  of  citizens  of  this 
State,  to  act  with  the  Governor  of  the  State  as  his  coun- 
sellors and  advisers,  and  to  be  called  "  a  Council  of  Safety." 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  of 
the  State,  and  the  Constitution  and  Laws  of  the  United 
States,  reported  the  following  Ordinance : 

AN  ORDINANCE 
To   provide   for  the  execution  of  sentences  passed  by  the 
Courts  of  the  United  States  within  the  limits  of  the  State 
of  Georgia;  and  for  the  execution  of  process  issued  by 
the  same  Courts,  and  to  preserve  indictments  : 
The  people  of  Georgia,  through  their  Delegates  in  Con- 
vention  assembled   do  hereby  declare  and  ordain,    That  all 
persons  now  confined  in  the  Penitentiary  of  this  State,  un- 
der sentence  upon  conviction  for  crime,  by  any  Court  of 
the  late  United  States,  for  the  Districts  of  Georgia,  shall 
continue  in.  such  imprisonment  until  the  full  execution  of 
such  sentences  shall  have  been  accomplished  in  the  same 
manner  as  if  the  Ordinance  of  Secession  had  not  been 
passed. 

And  it  is  further  declared  and  ordained  by  the  authority  afore- 
said, That  all  persons  now  arrested  or  confined  in  the  jails 
of  this  State,  under  process  from  the  said  Courts  of  the 
late  United  States  shall  not  be  released  or  discharged  by 
reason  of  the  said  Ordinance,  but  shall  continue  under  the 
said  arrest  or  imprisonment  until  discharged  by  due  process 
of  law7.  And  all  persons  who  shall  have  heretofore  given  bail 
to  answer  to  any  warrant  or  other  process  from  said  Courts, 
shall  not  be, released  from  the  obligation  of  such  bonds,  but 
shall  be  (with  their  sureties)  bound  to  appear  and  answer 
to  such  Courts  of  this  State,  as  may  be  directed  by  this 
Convention. 

And  be  it  further  ordained  and  declared,  That  all  indict- 
ments heretofore  found  true  in  the  said  Courts,  and  not 
hitherto  disposed  of,  shall  continue  in  full  force  and  virtue 
until  heard  and  determined  by  the  Courts  to  which  juris- 
diction thereof  may  be  transferred.  And  all  process  or 
warrant,  or  other  criminal  proceeding  issuing  out  of,  or 


GE0EGE4  COXYEXTIOX. 


53 


returnable  to  the  said  Courts,  shall  lose  no  virtue  by  reason 
of  the  said  act  of  secession,  but  shall  be  returnable  to.  and 
executed  in  the  name  of  the  Court  to  which  jurisdiction 
may  be  given  by  this  Convention. 

The  report  was  taken  up.  and  the  Ordinance  read  twice 
and  passed. 

From  the  same  Committee.  Mr.  Cobb  also  reported  the 
following  Ordinance,  which  was  taken  up  and  read: 

AX  ORDIXAXCE 

To  declare,  and  continue  in  force  in  this  State,  sundry  laws 
of  the  late  United  States  of  America,  in  reference  to  the 
African  slave  trade. 

The  people  of  Georgia,  in  Convention  assembled,  do  hereby 
declare  and  ordain.  That  all  the  Laws  passed  by  the  Con- 
gress of  the  late  United  States  of  America,  and  in  force  in 
this  State  prior  to  the  19th  day  of  January,  1S61,  except 
the  fifth  section  of  the  act  of  10th  May,  ISOO/be,  and  the 
same  is  hereby  declared  to  be  in  full  force  in  this  State; 
Provided,  the  same  shall  not  be  construed  to  extend  to  the 
importation  of  negro  slaves  from  any  one  of  the  slavehold- 
ing  States  of  the  late  United  States  of  America,  or  from 
either  of  the  Independent  Republics  of  South  Carolina, 
Alabama,  Florida,  or  Mississippi. 

Be  it  further  ordained  and  declared,  That  the  Governor 
of  Georgia  shall  discharge  all  the  duties  required  by  said 
laws  of  the  President  of  the  United  States,  and  the  Attor- 
ney or  Solicitor  General  of  the  Judicial  District  where  the 
case  arises,  shall  discharge  all  the  duties  required  of  the 
District  Attorney,  and  the  Sheriff  of  the  county  all  the 
duties  required  of  the  Marshal. 

Be  it  further  ordained,  That  the  State  of  Georgia  shall  be 
substituted  for  the  United  States,  in  every  portion  of  said 
laws  where  the  substitution  is  required  by  the  present  inde- 
pendent condition  of  said  State. 

On  motion  of  Mr.  Hansell.  the  Ordinance  was  made  the 
special  order  of  the  day  to-morrow,  and  500  copies  of  the 
same  were  ordered  to  be  printed. 


54 


JOURNAL  OF  THE 


Mr.  Toombs,  from  the  Committee  on  Foreign  Relations 
made  the  following  report  : 

"That  the  Committee,  in  accordance  with  the  resolution 
adopted  on  yesterday,  have  nominated  W.  J.  Vason,  Esq., 
of  Richmond  county,'  as  the  Commissioner  from  Georgia  to 
the  State  of  Louisiana,  and  General  J.  W.  A.  Sanford,  of 
Baldwin  county,  as  the  Commissioner  from  Georgia  to  the 
State  of  Texas." 

The  report  was  taken  up  and  the  nominations  ratified. 

Whereupon  the  President  was  requested  to  issue  com- 
missions to  said  Commissioners. 

Mr.  Carswell  offered  the  following  resolution,  which  was 
taken  up  and  adopted  : 

Resolved,  That  a  Committee  of  five  on  Printing,  be  ap- 
pointed by  the  President ;  also,  a  Committee  of  five  on 
Enrolling,  and  a  Committee  of  five  on  Accounts. 

Whereupon  the  President  announced  as  the  Committee 
on  Printing : 

Messrs.  Munnerlyn, 
Hammond, 
Harris  of  Hancock, 
Price, 
Porter. 

Committee  on  Enrollment : 

Messrs.  Fort  of  Wavne, 
Briscoe, 

Moor  of  Spalding, 
Furlow, 

Johnson  of  Hall, 
Committee  on  Accounts: 

Messrs.  Carswell, 

Adams  of  Putnam, 

McDonald, 

Gresham, 

McConnell  of  Catoosa. 

On  motion  of  Mr.  Anderson,  the  Convention  then  ad- 
journed till  10  o'clock,  to-morrow  morning. 


GEORGIA  CONVENTION.  55 


"WEDNESDAY,  JANUARY  23,  1S61. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Mum. 

A  quorum  being  present,  the  Journal  of  yesterday  was 
read. 

The  President  then  announced  the  following  as  the  Com- 
mittee of  sixteen,  under  the  Resolution  adopted  on  yester- 
day to  inquire  into  the  power  of  this  Convention  to  reduce 
the  number  of  Senators  and  Representatives  in  the  G-eneral 
Assembly  of  Georgia,  and  if  so,  to  report  an  Ordinance  for 
the  same,  to-wit :  / 

Messrs.  Shropshire  of  Floyd, 
Dabney, 
Varnadoe, 
Spencer, 

Ramsey  of  Muscogee, 

Mallary, 

Bailey, 

Phinizy  of  Monroe, 
Beall  of  Troup, 
Smith  of  DeKalb, 
Knox, 

Simmons  of  Gwinnett, 
Reynolds, 

Turner  of  Hancock, 

Garvin, 

Gresham. 

Mr.  Toombs,  from  the  Committee  on  Foreign  Relations, 
reported  that  said  Committee  have  had  under  consideration 
the  subject  of  a  Congress  of  the  States,  which  have  with- 
drawn from  the  government  of  the  United  States  of  Amer- 
ica,  proposed  to  be  held  at  Montgomery,  in  the  State  of 
Alabama  ,  on  the  4th  day  of  February  next,  and  recommend 
the  adoption  of  the  following  Resolutions,  which  were 
taken  up  and  read  : 

Resolved,  That  this  Convention  will  to-morrow  at  12 
o'clock  elect  ten  Delegates,  to  represent  the  State  of  Geor- 
gia in  said  Congress,  with  such  powers  as  the  Convention 


\ 

56  JOURNAL  OF  THE 

may  hereafter  confer  upon  them,  ard  that  a  majority  of 
all  the  votes  cast  shall  be  necessary  to  a  choice  ;  Provided, 
That  two  Delegates  shall  be  chosen  for  the  State  at  large, 
and  one  from  each  Congressional  District  in  this  State. 

2nd,  Resolved,  That  the  Committee  on  Foreign  Relations 
do  prepare  instructions  for  said  Representatives,  to  be  sub- 
mitted to  this  Convention. 

The  first  Resolution  was  then  put  upon  its  passage,  when 
Mr.  Stephens  of  Hancock  moved  to  strike  out  the  word 
"to-morrow,"  and  insert  "to-day." 

The  motion  was  lost  and  the  Resolution  was  then  adopted. 

On  motion  of  Mr.  Toombs,  the  second  Resolution  was 
also  adopted. 

Mr.  Toombs,  from  the  same  Committee,  also  reported 
the  following  Resolutions,  which  were  taken  up,  read  and 
adopted : 

1st,  Resolved,  That  this  Convention  cordially  unite  in 
the  invitation  extended  by  the  Convention  of  the  Republic 
of  Alabama,  to  those  of  the  slaveholding  States  which 
may  not  have  -withdrawn  from  the  government  of  the 
United  States  of  America  by  that  time,  to  send  Commis- 
sioners to  represent  them  at  a  Congress  of  the  States  which 
have  withdrawn,  to  be  held  at  Montgomery,  Alabama,  on 
the  4th  day  of  February  next. 

2nd,  Be  it  further  Resolved,  That  the  President  of  this 
Convention  do  send  a  certified  copy  of  this  Resolution  to 
the  Governors  of  the  States  of  Delaware,  Maryland,  Vir- 
ginia, North  Carolina,  Kentucky,  Tennessee,  Missouri, 
Arkansas,  Louisiana,  and  Texas,  with  the  request  that  they 
lay  them  before  the  Legislatures  or  Conventions  of  their 
respective  States. 

Mr.  Warner  laid  upon  the  table  the  following  Ordinance, 
which  was  taken  up,  read,  and  referred  to  the  Committee 
on  the  Constitution  of  the  State,  and  the  Constitution  and 
Laws  of  the  United  States. 

Be  it  Ordained,  by  the  People  of  Georgia,  in  Convention  as- 
sembled, That  the  following  words  shall  be  added  to  the 


GEORGIA  CONTENTION.  57 

5th  Section  of  the  4th  Article  of  the  Constitution  of  the 
State  of  Georgia,  to- wit:  "And  that  no  Law,  or  Ordinance, 
shall  be  passed,  impairing  the  obligation  of  contracts,  nor 
shall  private  property  be  taken  for  public  use  without  just 
compensation." 

Be  it  further  Ordained,  by  the  authority  aforesaid,  That 
the  following  sections  shall  be  added  to  the  Consti- 
tution of  the  State  of  Georgia,  and  become  part  thereof, 
to-wit:  "Full  faith  and  credit  shall  be  given  in  this  State 
to  the  public  acts,  records,  and  judicial  proceedings  of  any 
other  State,  heretofore  known  and  recognized  as  the  United 
States  of  America,  and  shall  be  received  in  evidence  in  the 
Courts  in  this  State,  under  the  same  rules  and  regulations 
as  prescribed  by  the  Acts  of  Congress  of  the  late  United 
States,  passed  the  26th  day  of  May,  1790,  and  the  27th 
March,  1S04." 

Be  it  further  Ordained,  by  the  authority  aforesaid,  That  all 
judgments,  sentences,  and  decrees,  heretofore  made  and 
rendered  by  the  Federal  Courts  within  the  State  of  Geor- 
gia, shall  remain  operative,  and  in  full  force,  as  well  as  all 
laws  heretofore  enacted  by  the  said  Federal  Congress  which 
may  be  beneficial  and  applicable  to  the  wants,  interests, 
and  present  condition,  of  the  people  of  Georgia,  until 
otherwise  altered  or  repealed  by  the  General  Assembly  of 
this  State. 

Mr.  Hill,  of  Troup,  laid  upon  the  table  the  following 
Ordinance,  which  was  taken  up,  read,  and  on  his  motion 
referred  to  the  Committee  having  matter  germain  to  the 
subjects  before  them : 

AX  ORDINANCE 

To  continue  in  force  the  Laws,  and  to  preserve  the  order, 
peace,  and  conveniences  of  the  people  of  Georgia,  until 
otherwise  provided  : 

Whereas,  The  State  of  Georgia  has  seceded  from  the 
Federal  Union;  and  whereas,  we  deem  the  right,  and 
therefore  desire  the  act,  of  secession,  to  be  peaceable,  and 
said  act  shall  be  peaceable  unless  otherwise  ordered  by  the 
Federal  Government  : 


5S 


/ 

JOURNAL  OF  THE 


Therefore,  he  it  Ordained,,  by  the  People  of  Georgia,  in  Cpmen- 
tion  assembled,  and  it  is  hereby  Ordained  by  the  authority  of 
the  same : 

Section  1st.  That  until  otherwise  provided,  all  laws  and 
regulations  of  the  Government  of  the  United  States,  not 
inconsistent  with  the  Ordinance  of  secession,  and  which 
are  applicable  to  the  condition  and  wants  of  the  people  of 
this  State,  and  necessary  to  preserve  undisturbed  the  rights 
of  non-residents  acquired  and  vested  prior  to  the  passage 
of  the  Ordinance  of  secession,  be,  and  the  same  are  here- 
by continued  in  full  force,  and  of  binding  obligation,  upon 
the  authorities  and  people  of  the  State  of  Georgia. 

Sec.  2nd.  Be  it  further  Ordained,  by  the  authority  aforesaid, 
That  collectors  of  customs,  and  all  other  officers  connected 
with  the  revenue  service,  and  all  other  officers  connected 
with  the  Post  Office  Department  in  this  State,  and  all  mail 
carriers,  mail  contractors,  and  mail  agents,  be,  and  they 
are  hereby  allowed  to  continue  to  perform  their  functions 
of  office  in  this  State  under  the  laws,  and  accountable 
to  the  government  of  the  United  States,  as  heretofore. 

Sec.  3rd.  Be  it  further  Ordained,  That  the  Courts  and 
officers  thereof  of  the  United  States  within  the  State  of 
Georgia,  be,  and  they  are  hereby  authorized  to  continue 
in  the  discharge  of  their  respective  duties  until  otherwise 
provided  by  this  Convention,  or  the  Convention  of  the 
seceding  States. 

Sec.  4th.  Be  it  further  Ordained,  by  the  authority  afore- 
said, That  until  otherwise  ordered,  the  State  of  Georgia  will, 
in  good  faith,  observe  and  keep  all  treaties  and  contract  obli- 
gations made  and  entered  into  by  the  General  Government 
while  Georgia  was  a  member  thereof,  as  far  as  the  same 
are  applicable  to,  or  require  duties  of,  the  State  of  Geor- 
gia. 

Mr.  Benning,  from  the  Committee  on  the  Relations  with 
the  slaveholding  States  of  North  America,  made  the  fol- 
lowing 

REPORT : 

"That  they  have  had  under  consideration  the  subject  of 
sending  Commissioners  to  the  slaveholding  States,  and  have 


GEOKGIA  CONVENTION. 


59 


instructed  him  to  report  the  following  Resolution,  and  do 
recommend  its  adoption  by  the  Convention  : 

"Resolved,  That  this  Convention  appoint  a  Commissioner 
from  the  State  of  Georgia  to  each  of  the  States  of  Dela- 
ware, Maryland,  Virginia,  Tennessee,  North  Carolina, 
Kentucky,  Missouri,  and  Arkansas,  to  present  to  the  Legis- 
latures or  Conventions,  or  in  the  event  neither  shall  be  in 
session,  to  the  Governor  of  those  States,  the  Ordinance  of 
Secession  of  Georgia,  and  to  invite  the  co-operation  with 
her  and  other  Seceding  States,  in  the  formation  of  a 
Southern  Confederacy.'' 

The  report  was  taken  up  and.  read. 

Mr.  Benning,  from  the  same  Committee,  made  the  fol- 
lowing 

REPORT: 

"That  they  have  had  the  subject  of  the  inter-State  Slave 
Trade  under  consideration,  and  they  have  instructed  him 
to  report  the  following  Ordinance,  and  recommend  its 
adoption,  to-wit: 

AN  ORDINANCE 

In  relation  to  the  inter-State  Slave  Trade. 

Be  it  Ordained  by  the  People  of  Georgia,  in  Convention  as- 
sembled, and  it  is  hereby  Ordained  by  the  authority  of  the 
same, 

That  all  laws  relating  to  the  inter-State  Slave  Trade, 
which  were  in  force  at  the  time  of  the  passage  of  the 
Ordinance  of  Secession,  shall  be  deemed  and  held  to  be  still 
in  force. 

The  Report  and  Ordinance  were  taken  up  and  read. 
SPECIAL  ORDER. 

The  special  order  of  the  day,  which  was  the  Ordinance 
to  declare  in  force  in  this  State  sundry  laws  of  the  late 
United  States  of  America,  in  reference  to  the  African 
Slave  Trade,  was  taken  up. 

Mr.  Cobb  moved  to  recommit  the  same  to  the  Committee 


60 


JOURNAL    OF  THE 


on  the  Constitution  of  the  State  and  the  Constitution  and 
Laws  of  the  United  States. 
Which  motion  prevailed. 

Mr.  Cobb,  from  said  Committee,  then  reported  back  the 
Ordinance  with  the  following  amendments: 

To  the  first  section,  by  adding  to  the  exception,  the 
following : 

"And  also  so  much  of  the  Act  of  10th  May,  1820,  as  declares 
the  offenses  therein  specified  to  be  Piracy,  and  in  lieu  of  the 
penalty  of  death  therein  specified,  there  shall  be  substitu- 
ted imprisonment  in  the  Penitentiary  for  a  term  of  years 
not  less  than  five,  nor  exceeding  twenty,  in  the  discretion 
of  the  Court." 

And  also  by  adding  to  the  first  section  the  following 
words : 

"Provided,  further,  The  slaves  so  introduced  from  the 
slaveholding  States  of  North  America  shall  not  have  been 
imported  from  beyond  sea  into  such  State  since  the  20th 
day  of  December,  1860." 

The  amendments  were  received,  and  the  Ordinance,  as 
amended,  having  been  twice  read,  was  unanimously 
adopted : 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  of 
the  State  and  the  Constitution  and  Laws  of  the  United 
States,  reported  the  following  Ordinance,  which  was  read, 
and  500  copies  of  the  same  ordered  to  be  printed: 

AN  ORDINANCE 

To  resume  jurisdiction  over  those  places  within  the  limits 
of  Georgia,  over  which  jurisdiction  has  been  heretofore 
ceded  to  the  late  United  States  of  America — and  to  pro- 
vide for  compensation  to  the  said  United  States  for  the 
improvements  erected  thereon. 

The  People  of  Georgia,  in  Convention  assembled,  do  hereby 
declare  and  Ordain, 

That  the  cessions  heretofore  made  by  the  General  As- 
sembly of  this  State,  granting  jurisdiction  to  the  late 
United  States  of  America  over  specified  portions  of  the 
territory  within  the  present  limits  of  the  State  of  Georgia 


GEORGIA  CONVENTION. 


61 


be,  and  the  same  are  hereby  revoked  and  withdrawn,  and 
that  full  jurisdiction  and  sovereignty  over  the  same  are 
hereby  resumed  by  the  said  State. 

Be  it  further  Ordained,  That  the  buildings,  machinery, 
fortifications,  or  other  improvements,  erected  on  the  land 
so  heretofore  ceded  to  the  said  United  States,  or  other  prop- 
erty found  therein,  shall  be  held  by  this  State,  subject  to 
be  accounted  for  in  any  future  adjustment  of  the  claims 
between  this  State  and  the  said  United  States. 

Mr.  Johnson,  of  Clayton,  offered  the  following  resolu- 
tion, which  was  read : 

"Resolved,  That  twenty-five  thousand  copies  of  the  or- 
dinance of  secession  be  printed  for  the  use  of  the  Conven- 
tion, together  with  the  delegates  names  and  county  which 
they  represent,  in  their  order  as  appears  on  the  parchment; 
also,  the  names  of  those  delegates  and  the  counties  they 
represent  who  refused  to  sign  the  ordinance." 

Mr.  Johnson,  of  Clayton,  moved  to  take  up  the  resolu- 
tion, which  motion  did  not  prevail. 

Leave  of  absence  was  granted  to  Mr.  Burnett  of  Clay, 
on  account  sickness. 

Mr.  Styles  offered  the  following  resolution,  which  was 
read,  taken  up  and  adopted: 

"  Resolved,  That  the  State  Treasurer  be  instructed  to 
make  advances  of  mileage  and  per  diem  pay  to  delegates,  of 
the  amount  due." 

On  motion  of  Mr,  Hill,  of  Harris,  the  Convention  then 
adjourned  till  ten  o'clock  to-morrow  morning. 


THURSDAY,  JANUARY,  24,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Flinn. 

A  quorum  being  present,  the  journal  was  read. 


62 


JOURNAL  OF  THE 


Oil  motion  of  Mr.  Cochran  of  Wilkinson,  his  preamble  and 
resolutions,  relative  to  the  payment  of  Georgia's  pro  rata 
part  of  the  public  debt  of  the  late  United  States,  and  to  de- 
mand her  proportionate  part  of  the  public  property,  was 
taken  up,  read,  and  referred  to  the  "  Committee  on  Foreign 
Relations." 

Mr.  Hill,  of  Troup,  moved  to  add  Mr.  Cochran,  to  the 
"  Committee  on  Foreign  Relations." 

Which  motion  prevailed. 

On  motion  of  Mr.  Cannon,  of  Wayne,  leave  of  absence 
was  granted  to  Mr.  Bozeman,  of  Pulaski,  on  account  of  in- 
disposition ;  and  on  motion  of  Mr.  Cobb,  leave  of  absence 
was  granted  to  Mr.  Winn,  of  Gwinnett,  on  account  of  sick- 
ness in  his  family. 

Mr.  Anderson,  from  the  "  Committee  on  Commercial  and 
Postal  Arrangements,"  reported  the  following  ordinance, 
which  was  read,  and  on  motion  of  Mr.  Shropshire,  of  Floyd, 
300  copies  were  ordered  to  be  printed. 

AN  ORDINANCE 

To  make  Provisional  Postal  Arrangements  in  Georgia. 

Whereas,  it  is  desirable  that  there  should  be  no  disturb- 
ance in  the  present  postal  arrangements  in  this  and  other 
States. 

Therefore,  he  it  ordained,  and  it  is  hereby  ordained  and  declar- 
ed by  the  people  of  Georgia  ,  in  Convention  assembled, 

That  the  existing  postal  contracts  and  arrangements  shall 
be  continued,  and  the  persons,charged  with  the  duties  there- 
of, shall  continue  to  discharge  said  duties  until  a  postal  trea- 
ty shall  be  concluded3  or  until  otherwise  directed. 

Be  it  further  ordained  by  the  authority  aforesaid,  That  in 
case  the  Government  of  the  United  States,  or  its  officers  or 
agents,  shall  fail  or  refuse  to  execute  said  contracts,  or  carry 
on  said  arrangements,  it  shall  be  the  duty  of  the  Governor 
of  this  State,  to  make  all  contracts  and  appoint  all  officers, 
which  may  be  necessary  to  keep  sufficient  mail  facilties  to 
meet  the  wants  of  the  people  of  Georgia,  until  otherwise 
ordered  by  the  proper  authorities. 


GEORGIA  CONVENTION 


63 


The  resolution  accompanying  the  report  of  Mr.  Benning 
from  the  Committee  on  the  Relations  with  the  Slave-holding 
States  of  North  America,  relative  to  the  appointment  of  a 
Commissioner  to  each  of  the  States  of  Delaware,  Maryland, 
Virginia,  Tennessee,  North  Carolina,  Kentucky,  Missouri, 
and  Arkansas,  was  taken  up,  read,  and  adopted. 

The  report  of  Mr.  Benning,  from  the  same  committee,  be- 
in  o-  an  ordinance  in  relation  to  the  enter-State  slave  trade, 

o  ■ 

was  taken  up  and  read  ;  and  having  been  twice  read  was  ad- 
opted. 

Mr.  Alexander,  of  Upson,  offered  the  following  resolution, 
which  taken  up,  read,  and  agreed  to  : 

Resolved,  That  a  committee  of  five  be  appointed  by  the 
President  of  this  Convention,  to  examine  the  Great  Seal  of 
the  State  of  Georgia,  and  report  whether  any,  and  what, 
changes  in  the  same  have  been  rendered  necessary  by  the 
withdrawal  of  this  State  from  the  late  Federal  Union. 

The  following  is  the  committee  announced  by  the  Presi- 
dent, under  the  foregoing  resolution  : 

Messrs.  Alexander,  of  Upson, 
Logan, 
Glover, 

Glenn,  of  Oglethorpe, 
Phinizy,  of  Richmond. 

On  motion  of  Mr.  Burch,  leave  of  absence  was  granted  to 
Mr.  Phinizy,  of  Richmond,  from  Friday  till  Monday  next. 

On  motion  of  Mr.  Bartow,  the  door  of  the  gallery  was 
closed,  and  the  Convention  went  into  secret  session. 

After  which  the  door  was  opened,  and  in  accordance  with 
the  resolution  of  Mr.  Toombs,  adopted  on  yesterday,  the 
hour  of  12  o'clock  M.  having  arrived,  the  Convention  pro- 
ceeded to  elect  ten  delegates  to  represent  the  State  of  Geor- 
gia, in  the  proposed  Congress  to  be  held  at  Montgomery,  in 
the  State  of  Alabama,  on  the  4th  of  February  next,  to-wit  : 
two  from  the  State  at  large,  and  one  from  each  Congressional 
District  in  the  State. 


64 


JOURNAL   OF  THE 


The  result  of  which,  was  that  Robert  Toombs,  of  the 
county  of  Wilkes,  and  Howell  Cobb,  of  the  county  of  Clarke, 
were  duly  elected  for  the  State  at  large,  and  the  following 
named  persons  for  the  several  districts  affixed  to  their  names 
to-wit : 

Francis  S.  Bartow,  for  the  1st  Congressional  District. 

Martin  J.  Crawford,      "    2d.         "  t; 

Eugenius  A.  Nisbet,       "    3d.         "  " 

Benjamin  H.^Hill,         "  4th. 

Augustus  R.  Wright,     "    5th.        "  " 

Thomas  R.  R.  Cobb,        "  6th. 

Augustus  EL  Kenan,       "    7th.        "  " 

Alexander  H.  Stephens.  "    8th.        "  " 

Leave  of  absence  was  granted  to  Mr.  Dennis  for  a  few 
days  ;  also  to  Messrs.  McDonald,  of  Ware,  Gray,  Jordan,, 
Briggs,  and  Mitchell. 

Mr.  Singleton  laid  upon  the  table  the  following  ordinance, 
which  was  referred  to  the  Committeee  on  Military  Affairs  : 

AN  ORDINANCE 

To  organize  a  mounted  military  police  in  each  of  the  sev- 
eral counties  of  this  State,  and  for  other  purposes. 

Whereas,  war  may  be  one  of  the  consequences  of  seces- 
sion, and  whereas,  the  recent  outrage  upon  the  State  of  Vir- 
ginia, admonishes  us  that  in  the  event  of  such  war,  attempts 
will  be  made  to  incite  our  slaves  to  insurrection,  and  where- 
as, the  vicious  and  unprincipled,  during  the  absence  of  many 
of  the  true  men  from  their  respective  counties  in  the  defence 
of  the  State,  may  be  disposed  to  seize  upon  such  opportuni- 
ty, to  commit  wrongs  and  outrages  upon  the  then  defence- 
less wives  and  children  of  the  absent,  as  well  as  upon  other 
good  people  of  the  State  for  remedy^thereof: 

Section  1st.  Be  it  ordained  by  this  Convention  of  the  people 
of  the  State  of  Georgia  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same, 

That  it  shall  be  the  duty  of  his  Excellency  the  Governor, 
to  accept  the  services  of  one  Company,  consisting  of  not 


GEORGIA  CONVENTION. 


more  than  fifty  nor  less  than  fifteen  mounted  men,  from  each 
of  the  several  counties  of  this  State,  to  act  as  a  mounted 
military  police  for  their  several  counties,  as  hereinafter  de- 
clared. 

Sec.  2d.  And  be  it  further  ordained,  That  each  of  said 
companies  shall  be  like  officered  as  other  Cavalry  companies, 
and  commissions  shall  be  issued  to  their  officers  by  the 
Governor,  commissioning  them  as  officers  of  the  Mounted 
Military  Police,  of  then  respective  counties. 

Sec.  3d.  And  be  it  further  ordained.  That  said  mounted 
military  police,  shall  constitute  a  distinct  and  independent 
arm  of  the  military  of  the  State,  not  subject  to  the  orders 
of  any  officer  of  any  army  having  authority  in  this  State,  nor 
of  any  officer  of  militia  thereof. 

Sec.  4th.  And  be  it  further  ordained,  That  his  Excellency 
the  Governor,  shall  furnish  to  this  mounted  military  police 
from  time  to  time,  such  arms  as  he  may  deem  appropriate 
to  their  peculiar  service,  and  as  can  be  spared  for  that  pur- 
pose. 

Sec.  5th.  And  be  it  further  ordained,  That  the  head-quar- 
ters of  each  of  said  companies,  shall  be  at  the  county  sites 
of  their  respective  counties  whenever  they  shall  be  regularly 
mustered  into  service. 

Sec.  6th.  And  be  it  further  ordained,  That  a  majority  of 
the  Justices  of  the  Inferior  Court  of  each  county,  shall  have 
power  to  call  into  actual  service,  the  said  police  of  their 
respective  counties,  and  to  discharge  them  whenever  the 
said  Justices  may  deem  proper,  subject  however  to  be  again 
called  into  service  by  said  Justices ;  and  said  Justices  are 
hereby  further  empowered  to  pass  orders  from  time  to  time 
requiring  the  commanding  officer  of  their  said  company,  to 
either  increase  ordimishthe  rank  and  file  of  his  company  to 
any  number  within  the  limits  heretofore  prescribed. 

Sec.  7th.  And  be  it  further  ordained,  That  when  any  com- 
pany of  the  mounted  military  police,  shall  be  mustered  into 
service,  it  shall  be  the  duty  of  the  officer  in  command  of  the 
same,  to  at  all  times  retain  at  least  one-fourth  of  his  com- 
mand at  his  head-quarters,  unless  from  good  and  sufficient 


JOURNAL  OF  THE 


reasons,  to  be  judged  of  by  him,  he  shall  order  them  tem- 
porarily to  occupy  some  other  position,  or  to  the  perform- 
ance of  some  other  duty.  He  shall  also  cause  the  entire 
county  to  be  patroled  by  detachments  of  his  command,  un- 
der charge  of  proper  officers. 

Sec.  Sth.  And  be  it  further  ordained,  That  the  pay,  rations 
and  allowances  of  the  mounted  military  police  while  on  ac- 
tive duty,  and  only  while  on  such  duty  shall  be  the  same  as 
the  Cavalry  of  the  army.  But,  be  it  remembered  always, 
that  each  officer  and  private  of  said  companies,  shall  furnish 
their  own  horse  and  be  allowed  the  rate  of  dollars  per 
month,  for  the  hire  of  the  same. 

Sec.  9th.  And  be  it  further  ordained,  That  all  persons  en- 
listing as  privates  in  any  of  said  companies,  be  bound  to 
serve  for  one  year  from  time  of  enlistment,  unless  sooner 
discharged  by  the  officer  in  command,  and  be  bound  by  all 
the  rules  of  wrar,  unless  herein  otherwise  provided,  while 
in  actual  service  ;  and  at  all  times  during  their  enlistment  be 
exempt  from  all  road  and  jury  duty. 

The  Convention  then  adjourned  till  eleven  o'clock  to- 
morrow morning. 


FRIDAY,  JANUARY  25,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Adams. 

A  quorum  being  present,  the  journal  of  yesterday  was 
read. 

Whereupon  the  President  laid  upon  the  table  a  commu- 
nication from  the  State  of  Mississippi,  with  accompanying 
documents  accrediting  the  Hon.  T.  W.  White,  of  that  State, 
as  a  Commissioner  to  Georgia,  for  purposes  therein  speci- 
fied— 

Which  was  taken  up  and  read. 

On  motion  of  Mr.  Stephens,  of  Taliaferro,  th'e  following 
resolution  was  adopted : 


GEORGIA  CONVENTION. 


67 


Resolved,  That  all  the  papers  accompanying  the  commis- 
sioner from  the  State  of  Mississippi,  as  well  as  those  with 
the  commissioners  from  the  States  of  South  Carolina  and 
Alabama,  be  printed  as  an  appendix,  to  the  journal  of  the 
proceedings  of  this  Convention. 

Mr.  Alexander,  of  Upson,  laid  upon  the  table  the  follow- 
ing resolutions : 

Whereas,  The  Hon.  Thomas  W.  White,  the  Commissioner 
from  the  State  of  Mississippi,  has  arrived  in  this  city ;  be  it 
therefore 

1st.  Resolved,  That  the  Hon.  Thomas  W.  White  be,  and 
and  he  is  hereby  invited  to  a  seat  on  the  floor  of  this  Con- 
vention. 

2d,  Resolved,  That  a  committee  of  three  be  appointed  by 
the  President  to  wait  on  Mr.  White  and  ascertain  at  what 
hour  and  in  what  form  it  will  be  agreeable  to  him  to  com- 
municate with  this  Convention. 

The  resolutions  were  taken  up,  read  and  adopted. 

Whereupon  the  President  announced  the  following  as  the 
committee  under  the  foregoing  resolutions,  to  wit: 
Messrs.  Alexander  of  Upson, 
Reynolds,  and 
Simmons  of  Pickens. 
The  President  laid  on  the  table  a  communication  from  the 
Legislature  of  the  State  of  Tennessee,  which  was  read  and, 
on  motion  of  Mr.  Glenn  of  Fulton,  laid  on  thea  table  for 
the  present. 

Mr.  Whitehead  offered  the  following  resolution,  which 
was  read : 

"  Resolved,  That  when  this  Convention  adjourns  on  Tues- 
day next,  the  29th  instant,  it  adjourns  to  meet  in  Savannah 
at  the  call  of  the  President." 

Mr.  Benning,  from  the  committee  on  the  "  Relations  of 
the  Slaveholding  States  of  North  America,"  made  the  fol- 
lowing report  : 

"  That  he  is  instructed  by  that  committee  to  report  the 
following  resolution,  and  to  recommend  its  adoption  by  the 
Convention : 


JOURNAL   OF  THE 


Resolved,  That  in  the  opinion  of  this  Convention  no  State 
ought  to  be  admitted  into  the  new  confederacy  to  be  formed 
at  Montgomery,  unless  such  State  shall  tolerate  the  exist- 
ence of  slavery  as  one  of  its  own  domestic  institutions,  and 
shall  permit  an  inter-state  traffic  in  slaves  with  its  citizens, 
and  that  should  any  State  at  any  time  abolish  the  institu- 
tion within  its  limits,  such  State  shall  ipso  facto  cease  to  be 
a  member  of  the  said  Confederacy." 

The  report  was  taken  up  and  read. 

Mr.  Anderson,  from  the  committee  on  "Commercial  and 
Postal  Arrangements,"  reported  the  following  preamble  and 
resolutions  : 

Whereas,  The  policy  of  direct  trade  between  the  States 
of  the  South  and  foreign  nations  assumes  more  than  ordi- 
nary importance  in  view  of  the  relations  which  the  seced- 
ing States  must  bear  to  the  world, 

Therefore  be  it  resolved,  That  this  Convention  is  forcibly 
impressed  with  the  necessity  to  the  future  welfare  and  honor 
of  the  South,  of  direct  trade  with  European  nations  from 
some  port  or  ports  upon  the  Atlantic  coast  at  the  South? 
under  the  dominion  of  the  Southern  Confederacy. 

Resolved,  That  our  members  to  the  Southern  Congress  to 
be  held  at  Montgomery,  are  hereby  earnestly  requested  to 
"bring  this  subject  forward  at  an  early  day  before  that  assem- 
bly, and  to  urge  the  adoption  of  efficient  measures  to  accom- 
plish this  great  measure  of  Southern  independence. 

The  resolutions  were  taken  up,  read,  and  300  copies 
ordered  to  be  printed. 

Mr.  Nisbet  offered  the  following  resolution,  which  was 
taken  up  and  read,  to  wit : 

"  R,esolved,  That  in  pursuance  of  a  resolution  of  this  body 
authorizing  the  appointment  of  Commissioners  to  the  slave- 
holding  States,  the  committee  on  Foreign  Relations  be,  and 
they  are  hereby  instructed  to  nominate  to  the  Convention 
suitable  persons  to  act  as  Commissioners  aforesaid,  at  12 
o'clock  to-morrow,  and  that,  at  that  hour,  the  Convention 
proceed  to  elect  the  same." 


GEORGIA  CONVENTION. 


Mr.  Hood,  of  Randolph,  offered  the  following  as  a  substi- 
tute for  the  same  : 

"  Resolved,  That  the  committee  on  the  Relations  with  the 
Slaveholding  States  be  instructed  to  suggest  to  the  Conven- 
tion the  names  of  fit  and  proper  persons  to  represent  the 
State  of  Georgia  as  Commissioners  under  the  resolution 
heretofore  adopted  to  the  States  of  Delaware,  Maryland, 
Virginia,  North  Carolina,  Tennessee,  Kentucky,  ^Missouri, 
and  Arkansas." 

Mr.  Kenan  moved  to  strike  out  &  Delaware" 

When,  on  motion,  the  resolution  and  substitute  was  laid 
on  the  table  for  the  present. 

Mr.  Cobb,  from  the  committee  on  the  Constitution  and 
laws  of  the  State,  and  the  Constitution  and  laws  of  the 
United  States,  made  the  following  reports  : 

First. 

AX  OEDIXAXCE 

To  abolish  the  Circuit  and  District  Courts  of  the  United 
States  for  the  District  of  Georgia,  and  to  establish  other 
Courts  in  lieu  thereof,  and  to  continue  in  force  certain 
judgments  and  executions. 

The  people  of  Georgia  in  Convention  assembled  hereby  declare 
and  ordain, 

That  the  Circuit  and  District  Courts  of  the  late  United 
States  for  the  State  of  Georgia,  be,  and  the  same  are  here- 
by abolished  as  Courts  of  the  said  United  States.  And  the 
same  are  hereby  re-established  as  Courts  of  the  independ- 
ent State  of  Georgia,  with  the  same  jurisdiction  and  powers 
as  they  had  under  the  laws  of  the  United  States,  except  so 
far  as  the  same  are  modified  by  the  ordinances  of  this  Con- 
vention. 

2.  That  the  commissions  of  all  the  judges  and  officers  of 
said  courts  are  hereby  terminated.  And  the  Governor  of 
this  State  is  hereby  authorized  to  appoint  and  commission 
judges  and  officers  of  said  courts,  to  hold  their  commissions 
until  the  further  action  of  this  Convention. 

3.  The  causes  now  pending  in  said  courts,  civil  and 


70  JOURNAL  OF  THE 

criminal,  are  continued  without  prejudice  in  the  courts 
hereby  established,  and  the  judgments  and  decrees  hereto- 
fore rendered  therein,  and  the  executious  issued  thereon 
shall  lose  no  right,  lien,  or  validity  by  the  operation  of  this 
ordinance,  or  the  ordinance  of  secession,  but  shall  continue 
in  force  as  if  the  said  courts  remained  in  existence. 

Second. 

AN  ORDINANCE 

To  adopt  and  continue  in  force  the  laws  of  the  late  United 
States,  in  the  State  of  Georgia,  except  as  therein  speci- 
fied. 

The  people  of  Georgia  in  Convention  assembled  do  declare  and 
ordain  as  follows  : 

Section  1.  That  such  and  so  much  of  the  laws  of  the 
late  United  States,  as  are  not  inconsistent  with  the  ordi- 
nance of  secession,  and  the  other  ordinances  of  this  Con- 
vention, and  as  are  applicable  and  adapted  to  our  present 
condition  and  necessities,  be  and  tTie  same  are  hereby 
adopted  and  continued  in  force  in  this  State — saving  and 
excepting,  however,  the  laws  on  the  subjects  following,  to 
wit :  The  Army  ;  Bounty  Lands  ;  Cadets  ;  Census  ;  Coast- 
ing Trade  ;  Treason  ;  Fisheries  ;  Lands ;  the  Navy ;  Pen- 
sions ;  Printing;  Public  Money;  Timber;  Treasury  De- 
partment ;  and  the  War  Department. 

Sec.  2.  That  in  all  cases  in  which  remedies  are  provided  in 
civil  cases,  or  punishments  are  prescribed  in  criminal  cases, 
both  by  the  laws  of  the  said  United  States  and  by  the  ex- 
isting laws  of  this  State,  then  and  in  all  such  cases  the  laws 
of  this  State  shall  take  precedence  to,  and  be  administered 
before  the  said  laws  of  the  United  States. 

Third.  ' 

AN  ORDINANCE 

To  define  and  declare  what  shall  be  Treason  and  Misprision 
of  Treason  in  the  State  of  Georgia  and  also  certain  fel- 
onies. 

Thej)eoj)le  of  Georgia  inConvention  assembled  do  hereby  declare 
and  ordain, 

That  if  any  person  or  persons  owing  allegiance  to  the 
State  of  Georgia  shall  levy  war  against  said  State,  or  shall 


GEORGIA  CONVENTION. 


71 


adhere  to  her  enemies,  giving  them  aid  and  comfort  within 
the  said  State  or  elsewhere,  or  shall  in  the  name  of  the  late 
United  States  of  America,  or  any  other  foreign  power, 
seize  or  attempt  to  seize  and  hold  possession  against  the 
declared  will  of  said  State,  of  any  fort,  arsenal,  mint  or 
other  building  within  the  territorial  limits  of  said  State, 
and  shall  be  thereof  convicted  on  confession  in  open  court, 
or  on  the  testimony  of  two  witnesses  to  the  same  overt  act 
of  the  treason  whereof  he  or  they  shall  stand  indicted,  such 
person  or  persons  shall  be  adjudged  guilty  of  treason  against 
the  State  of  Georgia,  and  shall  suffer  death. 

A  person  having  knowledge  of  the  commission  of  any 
of  the  treasonable  acts  aforesaid,  and  conceals  or  fails  to 
discover  the  same  as  may  be  to  the  Governor  of  said  State, 
or  some  one  of  the  Judges  thereof,  shall  be  guilty  of  Mis- 
prision of  Treason,  and  on  conviction  shall  be  punished  by 
imprisonment  and  labor  in  the  Penitentiary  not  less  than 
five  nor  longer  than  years. 

Any  citizen  of  the  State  of  Georgia,  wherever  resident, 
who  shall,  without  the  permission  of  said  State,  directly  or 
indirectly  commence  or  carry  on  any  verbal  or  written  cor- 
respondence or  intercourse  with  any  foreign  government,  or 
any  officer  or  agent  thereof,  wTith  an  intent  to  influence 
the  measures  or  conduct  of  such  government,  adversely  to 
the  existence  or  interest  of  said  State  in  relation  to  any  dis- 
putes or  controversies  with  said  State,  or  to  defeat  the 
measures  of  the  government  of  said  State  ;  or  if  any  such 
person  not  duly  authorized  shall  counsel,  advise,  aid,  or 
assist  in  any  such  correspondence,  such  citizen  of  Georgia 
shall  be  guilty  of  a  felony,  and  on  conviction  shall  be  pun- 
ished by  imprisonment  in  the  Penitentiary  not  less  than  one 
nor  more  than  three  years,  and  by  a  fine  not  exceeding  five 
thousand  dollars. 

Fourth. 

AN  ORDINANCE 

In  relation  to  oaths  heretofore  required  of  public  officers 
and  Attorneys  at  Law. 

The  jieople  of  Georgia  in  Convention  assembled  declare  and 
ordain, 

That  the  oath  heretofore  required  to  be  administered  to 


JOURNAL  OP  THE 


public  officers  and  Attorneys  and  Solicitors  at  Law,  to  sup- 
port the  Constitution  of  the  United  States  shall  be  hereafter 
discontinued. 

Fifth. 

AN  ORDINANCE 
Concerning  Citizenship. 

We,  the  People  of  the  State  of  Georgia,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained. 

1st.  Every  person,  who  at  the  date  of  the  Ordinance  of 
Secession  was  residing  in  this  State,  and  was  then  by  birth, 
residence  or  naturalization,  a  citizen  of  this  State,  shall  con- 
tinue a  citizen  of  this  State,  unless  a  foreign  residence  shall 
be  established  by  such  person,  with  the  intention  of  expatri- 
ation. 

2d.  So  also  shall  continue  every  free  white  person,  who 
after  the  date  aforesaid,  may  be  born  within  the  territory  of 
this  State,  or  may  be  born  outside  of  that  territory,  of  a 
father  who  then  was  a  citizen  of  this  State. 

3d.  So  also  every  person,  a  citizen  of  any  one  of  the 
States  now  confederate,  under  the  name  of  the  United  States 
of  America,  who  within  twelve  months  after  the  date  of  the 
Ordinance  of  Secession,  shall  come  to  reside  in  this  State, 
with  the  intention  of  remaining,  upon  such  persons  taking 
the  oath  of  allegiance  to  this  State,  below  provided. 

4th.  So  also  every  free  white  person,  who  shall  be  en- 
gaged in  the  actual  service,  military  or  naval,  of  the  State, 
and  shall  take  an  oath  of  his  intention  to  continue  in  such 
service  for  at  least  three  months,  unless  sooner  discharged 
honorably,  and  also  the  oath  of  allegiance  below  prescribed. 
In  this  case,  the  oaths  shall  be  administered  by  some  com- 
missioned officer  of  the  service  in  which  the  applicant  for 
citizenship  may  be  engaged,  superior  in  rank  to  the  appli- 
cant, and  thereupon  certificate  of  the  citizenship  of  the  ap- 
plicant, shall  be  signed  by  the  officer  and  delivered  to  the 
applicant. 


GEORGIA  CONVENTION. 


5th.  So  also,  every  person  not  a  citizen  of  any  of  the 
States  above  mentioned,  at  the  date  aforesaid,  who  may 
come  to  reside  in  this  State,  with  the  intention  of  [remain- 
ing, and  may  be  naturalized  according  to  the  naturalization 
laws  of  this  State  ;  until  they  may  be  altered  or  repealed, 
the  naturalization  laws  of  the  United  States  accommodated 
to  the  special  condition  of  the  State,  are  hereby  made  the 
laws  of  this  State,  except  that  instead  of  the  oaths  required 
by  those  laws  in  the  final  act,  the  oath  of  allegiance  to  this 
State,  and  of  abjuration  below  provided,  shall  be  taken. 

6th.  In  all  cases  ,  the  citizenship  of  a  man  shall  extend  to 
his  wife,  present  or  future,  whenever  she  shall  have  a  resi- 
dence in  this  State,  and  shall  extend  also,  to  each  of  his 
children,  that  under  the  age  of  eighteen  years,  may  have  a 
residence  in  the  State  ;  provided,  That  in  no  case,  shall  citi- 
zenship extend  to  any  person,  who  is  not  a  free  white  per- 
son. 

7th.  That  the  oath  of  allegiance  to  this  State,  shall  be  in 
the  words,  to-wit : 

"  I  do  swear  (or  affirm)  that  I  will  be  faithful  and  true 
allegiance  bear  to  the  State  of  Georgia,  so  long  as  I  may  con- 
tinue a  citizen  thereof." 

8th.  The  oath  of  abjuration  shall  be  in  the  following 
form,  to-wit : 

44 1  do  swear  (or  affirm)  that  I  do  renounce  and  forever 
abjure,  all  allegiance  and  fidelity  to  every  prince,  poten- 
tate, or  sovereignty  whatever,  except  the  State  of  Geor- 
gia." 

On  motion  of  Mr.  Cobb,  the  fourth  of  the  series  of  the 
foregoing  ordinances  was  taken  up,  read  twice,  and  passed, 
to-wit : 

The  "  Ordinance  in  relation  to  oaths  heretofore  required 
of  public  officers  and  Attorneys  at  Law." 

On  motion  of  Mr.  Wofford,  300  copies  of  the  first,  second, 
third,  and  fifth,  of  the  foregoing  ordinances,  were  ordered  to 
be  printed. 


JOUENAL  OF  THE 


Mr.  Poe  offered  the  following  resolution,  which  was  taken 
up,  read,  and  agreed  to  : 

"  Resolved,  That  his  Excellency,  the  Governor,  be  re- 
quested to  afford  such  facilities  to  the  Secretary  of  this  Con- 
vention, as  will  enable  him  to  have  t alien,  a  photograph  of 
the  Ordinance  of  Secession,  provided  no  expense  accrue  to 
the  State  therefor,  and  provided,  also,  that  no  risk  be  incur- 
red, of  the  loss  of,  or  damage  be  done  to  said  ordinance,  in 
taking  said  photograph." 

Mr.  Hull  laid  upon  the  table  the  following  resolution, 
which  was  taken  up,  read,  and  adopted  : 

"  Resolved,  That  our  late  Senators  and  Representatives  in 
the  Congress  of  the  United  States,  be  invited  to  seats  upon 
the  floor  of  this  Convention." 

Mr.  Ramsey  was  excused  from  serving  on  the  committee 
to  take  into  consideration,  and  report  upon  the  expediency 
of  reducing  the  representation  of  the  General  Assembly  of 
Georgia,  and  Mr.  Robinson  appointed  in  his  place. 

The  Convention  then  went  into  secret  session,  and  hav- 
ing spent  some  time  therein,  the  doors  were  opened,  when 

Mr.  Beall,  of  Troup,  from  the  Committee  on  the  Ordi- 
nance of  Secession,  offered  the  following  resolution,  which 
was  taken  up,  read,  and  adopted  : 

"  The  committee  to  whom  was  entrusted  the  duty  of  pre- 
paring parchment,  and  engrossing  the  Ordinance  of  Seces- 
sion, for  the  signature  of  the  members  of  the  Convention, 
called  to  tlieir  aid  the  services  of  Maj.  H.  J.  G.  Williams, 
who  cheerfully  and  with  some  labor,  engrossed  the  same  to 
the  full  satisfaction  of  the  committee,  and  refused  all  pecu- 
niary compensation. 

Be  it  therefore  resolved,  That  Maj.  H.  J.  G.  Williams  be 
allowed  to  sign  his  name  under  the  attestation  of  the  Clerk, 
in  the  manner  following,  namely  : 

Engrossed  by  H.  J.  G.  Williams. 


GEORGIA   C  ONVENTION . 


75 


Mr.  Johnson,  of  Clayton,  offered  the  following  resolution, 
which  was  taken  up,  read,  and  adopted  : 

"  Resolved.  That  the  Treasurer  be  authorized  to  pay  the 
members  of  the  Convention  their  mileage,  and  per  diem  pay 
upon  their  accounts  being  approved  and  signed  by  one  of 
the  auditing  committee. 

And  be  it  further  resolved.  That  the  President  of  the  Con- 
vention, when  it  adjourns,  be  required  to  draw  his  warrant 
upon  the  Treasurer  for  the  pay  of  its  members  and  officers, 
in  the  same  manner  as  has  heretofore  been  done  by  the 
President  of  the  Senate,  and  Speaker  of  the  House  of  Rep- 
resentatives, of  the  Georgia  Legislature." 

On  motion  of  Mr.  Stephens,  of  Taliaferro,  the  following 
resolution  was  taken  up,  read,  and  adopted  : 

'*  Resolved,  That  the  Governor  be  requested  to  have  pub- 
lished in  such  newspapers  as  he  may  think  proper,  all  the 
ordinances  of  this  Convention  as  they  pass,  that  immediate 
and  general  notice  may  be  given  of  the  same,  unless  other- 
wise directed  by  this  Convention." 

The  President  laid  on  the  table  a  communication  from 
T.  S.  Hopkins.  M.  D.  of  Wayne  county,  with  accompanying 
papers,  contesting  the  seat  of  Mr.  Cannon,  of  that  county, 
in  the  Convention. 

On  motion  of  Mr.  Fort,  a  committee  on  elections  was  an- 
nounced by  the  Chair,  and  the  communication  with  the  ac- 
companying papers  were  referred  to  the  same. 

Tiie  following  is  the  Committee  on  Elections : 

Messrs.  Styles, 
Roddey, 
Butts, 

Brown,  of  Houston,  and 
Gaul  den. 

Mr.  Alexander,  of  Upson,  from  the  committee  appointed 
to  wait  upon  the  Hon.  Thomas  W.  White,  the  Commissioner 


76 


JOURNAL  OF  THE 


from  the  State  of  Mississippi,  made  the  following  report,  to- 
wit : 

"  That  the  committee  have  waited  upon  Mr.  White,  and 
informed  him  of  the  action  of  this  Convention,  inviting  him 
to  a  seat  upon  the  floor  of  the  Convention,  and  expressing 
the  readiness  and  desire  of  the  Convention  to  receive  him  at 
such  time  as  will  be  most  agreeable  to  himself;  and  that 
he  informed  the  committee  that  it  would  be  agreeable  to 
him  to  appear  before  and  address  the  Convention  at  noon 
on  Monday  next." 

Mr.  Williamson  offered  the  following  resolution,  which 
was  read  and  referred  to  the  Committee  on  Foreign  Rela- 
tions : 

"Resolved,  That  the  Committee  on  Foreign  Relations  be 
requested  to  report  an  ordinance,  if  in  their  judgment  it  be 
necessary,  to  secure  to  citizens  of  Georgia,  who  have  obtain- 
ed from  the  United  States  of  America,  a  patent  right  for  in- 
ventions, and  citizens  of  Georgia,  who  have  made  applica- 
tion and  placed  in  office  a  model  for  a  patent,  their  rights  in 
the  same." 

Mr.  Cobb  moved  to  take  up  the  ordinance  in  reference  to 
land  heretofore  ceded  to  the  late  United  States  of  America. 

The  motion  was  agreed  to,  and  the  ordinance  wTas  taken 
up,  read  twice,  and  passed. 

The  report  of  Mr.  Anderson,  from  the  committee  on 
Commercial  and  Postal  Arragements,  being  an  ordinance 
to  make  provisional  Postal  Arrangements  in  Georgia,  was 
then  taken  up. 

On  motion,  the  same  was  recommitted,  and  reported  back 
with  the  following  amendments,  to-wit :  by  striking  out  in 
the  first  section,  the  word  "  continued"  and  inserting  the 
words  " allowed  to  continue  ;"  and  by  inserting  in  the  second 
section,  "  and  do  all  other  things"  after  the  word  u  officers.'''' 

The  ordinance  as  amended,  was  read  twice  and  passed. 

Mr.  Fort,  from  the  Committee  on  Enrolment,  made  the 
following  report : 


GEORGIA  CONVENTION. 


"  That  they  have  had  enrolled,  and  it  is  now  ready  for  the 
signature  of  the  President : 

An  Ordinance  To  provide  for  the  execution  of  criminal 
process  issuing  from  the  Courts  of  the  late  United  States  of 
America." 

Leave  of  absence  was  then  granted  to  Messrs.  Stephens  of 
Monroe,  Roddey,  Logue,  Davis  of  Putnam,  Hansel],  Hum- 
phries, Bryan,  Cleveland,  Furlow,  Robertson,  Perkins,  Pon- 
der, and  Banks  of  Stewart. 

The  Convention  then  adjourned  till  ten  o'clock  to  mor- 
row morning. 


SATURDAY,  JANUARY  26,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Means. 

A  quorum  being  present  the  journal  was  read. 

On  motion  of  Mr.  Bartow,  the  doors  were  closed,  and  the 
journal  of  yesterday,  when  in  secret  session  was  read. 

After  which  the  doors  were  opened,  when 

Mr.  Nisbet  offered  the  following  resolution,  his  resolution 
and  Mr.  Hood's  substitute,  of  yesterday,  having  been  with- 
drawn: 

Resolved,  That  the  Committee  on  Foreign  Relations  be, 
and  they  are  hereby  instructed  to  nominate  Commissioners 
to  certain  slaveholding  States  of  the  late  American  Union, 
in  accordance  with  an  Ordinance  of  this  Convention,  author- 
izing the  appointment  of  such  Commissioners;  and  that 
the  Convention  will,  on  Monday  next,  at  eleven  o'clock, 
proceed  to  the  election  of  the  same. 

The  resolution  was  taken  up,  read  and  adopted. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  of 
the  State,  and  the  Constitution  and  Laws  of  the  United 
States,  to  whom  was  referred  a  resolution  inquiring  into 
the  propriety  of  appointing  a  Council  of  safety  to  advise 


78 


JOURNAL  OF  THE 


with,  and  assist  the  Governor  of  this  State  in  the  discharge 
of  his  Executive  duties,  made  the  following 

REPORT : 

"That  they  have  had  the  same  under  consideration,  and 
are  satisfied  that  for  the  present,  at  least,  such  a  Council 
is  unnecessary  and  impolitic." 

The  Report  was  received  and  adopted. 

Mr.  Styles,  from  the  Committee  on  Elections,  made  the 
following 

REPORT : 

"  The  Committee  on  Elections  have  had  under  considera- 
tion the  subject  of  the  protest  from  Wayne  county,  in  rela- 
tion to  the  seat  now  filled  by  the  Hon.  H.  A.  Cannon,  and 
have  instructed  their  Chairman  to  report  that  they  find  the 
election  returns  from  Wayne  county,  in  proper  form,  and 
duly  certified  by  the  superintendents  of  the  election,  and 
that  the  returns  show  that  Hon.  Henry  R.  Fort,  and  the 
Hon.  Henry  A.  Cannon,  received  a  majority  of  the  votes 
admitted  in  the  general  count,  and  were  declared  duly 
elected  by  the  Superintendants  to  seats  in  the  Convention. 
They  further  find,  however,  that  the  ballots  from  one  of 
the  precincts  were  rejected  by  the  Superintendants  in  the 
general  count  because  of  there  being  no  oath  or  affidavit  at- 
tached to,  and  returned  with  the  polls  by  the  managers  at  that 
precinct,  and  though  it  is  represented  by  ex  parte  certifi- 
cates that  the  polls  of  this  rejected  precinct  would,  if  they 
had  been  counted,  have  shown  a  tie  between  the  sitting 
delegates  and  Dr.  F.  S.  Hopkins,  the  contestant,  the  evi- 
dence produced  before  the  Committee  fails  to  rebut  the  pre- 
sumption that  the  Superintendants  acted  in  strict  accord- 
ance with  the  law  governing  elections  in  rejecting  the  re- 
turns from  the  disputed  precinct.  But  whether  the  Com- 
mittee be  correct  or  not  in  this  conclusion,  the  contestant 
has  failed  to  pursue  the  prescribed  rule  laid  down  by  the 
act  of  1831,  regulating  the  manner  for  contesting  elections, 
and  has  therefore  failed  to  bring  his  case  before  the  Com- 
mittee in  such  a  manner  as  to  justify  them  in  considering 
the  testimony  adduced.  In  justice  to  the  sitting  member, 
your  Committee  have  thought  proper  to  state  these  facts, 


GEORGIA  CONVENTION. 


79 


and  to  state  further,  that  upon  investigation  they  ascertain 
the  fact  that  he  declined  to  serve  the  county  under  the 
circumstances,  and  only  consented  to  claim  his  seat  after 
being  earnestly  requested  so  to  do  by  a  large  majority  of 
all  those  who  voted  on  the  day  of  election. 

Your  Committee  therefore  recommend  that  the  protest 
be  laid  upon  the  table,  and  that  the  Hon.  Henry  A.  Can- 
non do  retain  his  seat." 

The  report  was  taken  up,  read  and  unanimously  agreed 
to. 

Mr.  Shropshire  of  Floyd,  from  the  Committee  to  inquire 
into  the  power  of  this  Convention  to  reduce  the  number  of 
Senators  and  Representatives  in  the  General  Assembly  of 
Georgia,  and  if,  in  the  judgment  of  said  Committee  the 
power  exists  to  report  an  Ordinance  for  that  purpose,  made 
the  following 

REPORT: 

"  Your  Committee  have  had  the  subject  under  considera- 
tion, and  while  they  do  not  doubt  the  power  of  this  Con- 
vention to  make  such  reduction,  yet  there  is  great  diversi- 
sity  of  opinion  as  to  the  propriety  of  doing  so,  without 
submitting  the  action  of  the  Convention  to  the  people  for 
ratification  or  rejection.  They  have,  however,  agreed  upon 
an  Ordinance  which  they  have  instructed  me  to  submit  to 
this  Convention,  and  recommend  its  adoption ;  each  indi- 
vidual member  of  the  Committee  reserving  to  himself  the 
privilege  of  voting  for,  or  against  any  proposition  which 
may  be  made,  wTith  a  view  to  obtaining  the  popular  will  on 
this  subject." 

The  report  was  taken  up,  aud  the  Ordinance  read,  to- 
wit : 

AN  ORDINANCE 

To  alter  and  amend  the  3d,  4th,  7th  and  8th  Sections  of 
the  1st  Article  of  the  Constitution  of  the  State  of  Geor- 
gia, and  for  other  purposes. 

Be  it  ordained  by  the  jieople  of  Georgia  in  Convention  assem- 
bled, and  it  is  hereby  ordained  and  declared  by  the  authority  of 
the  same, 

1.  That  from  and  after  the  adoption  of  this  Ordinance, 


JOURNAL  OF  THE 


the  third  section  of  the  first  Article  of  the  Constitution  of 
this  State  shall  be  so  altered  and  amended  as  to  read  as  fol- 
lows, to-wit : 

Each  Congressional  District  in  this  State  shall  be  known 
as  a  Senatorial  District,  by  the  same  number  which  desig- 
nates it  as  a  Congressional  District.  The  Senate  of  Geor- 
gia shall  be  composed  of  forty  Senators  and  no  more,  five 
to  be  chosen  from  each  District  as  they  are  now  or  may 
hereafter  be  organized,  by  the  legally  qualified  voters  there- 
of, on  the  first  Wednesday  in  October,  until  the  day  of 
election  is  altered  by  law. 

2.  Be  it  further  ordained  by  the  authority  aforesaid,  That 
the  fourth  section  of  the  first  Article  of  the  Constitution  of 
Georgia  shall  be  so  altered  and  amended  as  to  read  as  fol- 
lows, to-wit : 

No  person  shall  be  a  Senator  who  shall  not  have  attained 
the  age  of  twenty-five  years,  and  been  five  years  a  citizen 
of  this  State,  and  shall  have  usually  resided  within  the 
District  from  which  he  shall  be  returned  at  least  one  year 
immediately  preceding  his  election,  except  persons  who 
may  have  been  absent  on  lawful  business  of  this  State,  or 
of  any  government  of  which  Georgia  may  hereafter  become 
a  part. 

3.  Be  it  further  ordained,  That  the  seventh  section  of 
the  first  Article  of  the  Constitution  of  this  State,  shall  be 
so  altered  and  amended  as  to  read  as  follows,  to-wit : 

The  House  of  Representatives  shall  be  composed  of  one 
hundred  and  thirty-three  members,  and  no  more,  one  to  be 
chosen  biennially  from  each  of  the  counties  as  now  organ- 
ized by  the  legally  qualified  voters  thereof,  on  the  first 
Wednesday  in  October,  until  the  day  of  election  is  altered 
by  law. 

4.  Be  it  further  ordained,  That  the  eighth  section  of  the 
first  Article  of  the  Constitution  of  this  State,  be  so  altered 
and  amended  as  to  read  as  follows,  to-wit : 

No  person  shall  be  a  Representative,  who  shall  not  have 
attained  to  the  age  of  twenty-one  years,  and  have  been  a 
citizen  of  the  State  of  Georgia  five  years,  and  have  actual- 
ly resided  in  the  county  in  which  he  shall  be  chosen  one 
year  immediately  preceding  his  election,  unless  he  shall 


GEORGIA  CONVENTION. 


81 


have  been  absent  on  the  public  business  of  this  State,  or  of 
any  government  of  which  Georgia  may  hereafter  become  a 
part. 

5.  Be  it  further  ordained,  That  the  foregoing  alterations 
and  amendments  shall  not  be  so  construed  as  to  vacate  the 
commission  of  any  member  of  the  present  General  Assem- 
bly of  Georgia." 

Mr.  Mallary,  from  the  same  Committee,  offered  the  fol- 
lowing minority  report,  aad  moved  its  adoption  by  the 
Convention : 

"  The  undersigned,  from  the  Committee  to  reduce  the 
number  of  members  of  the  General  Assembly,  beg  leave 
to  dissent  from  the  report  of  the  majority  of  the  Commit- 
tee, to  present  our  reasons  therefor,  and  to  present  our  plan 
for  said  reduction  in  lieu  thereof.  In  the  first  place,  we. 
do  not  believe  this  Convention  is  clothed  with  the  power  to 
make  said  reduction  ;  but  Being  mindful  of  the  necessity 
of  such  reduction,  we  think  that  if  the  plan  adopted  bv 
this  Convention  is  submitted  to  the  people,  and  by  them 
ratified,  it  will  cure  any  want  of  power.  In  the  second 
place,  no  plan  should  be  adopted  by  this  Convention  which 
would  not  likely  meet  the  approbation  of  the  people,  and 
we  do  not  believe  the  people  of  this  State  would  be  con- 
tent with  any  plan  which  did  not  secure  to  each  county  at 
least  one  representative,  and  a  representation  in  the  Senate, 
exceeding  in  number  that  of  a  mere  executive  or  municipal 
council. 

Therefore,  we  recommend,  instead  of  the  Ordinance 
reported  by  the  majority,  that  this  Convention  instruct  the 
Committee  to  prepare  and  report  an  amendment  to  the 
Constitution,  to  the  effect  that  the  first  twenty  counties 
having  the  highest  representative  population,  according  to 
the  Federal  basis,  be  entitled  to  two  representatives,  and 
all  the  counties  to  one  each ;  and  that  the  Senate  consist  of 
eight  members  from  each  Congressional  District,  as  now,  or 
hereafter  to  be  organized,  the  qualifications  of  Senators 
and  Representatives  to  be  the  same  as  the  Constitution 
now  prescribes,  except  that  a  Senator  shall  reside  one 
year,  in  some  one  countv  of  the  District  from  which  he  is 
6 


82 


JOURNAL  OF  THE 


elected— the  whole  not  to  take  effect  until  ratified  by  the 
people.  And  we  would  also  suggest,  that  as  the  Congress 
to  assemble  at  Montgomery  may  have  the  power  to  abolish 
the  district  system,  or  to  change  the  apportionment,  this 
whole  subject  had  better  be  postponed  until  the  re-assemb- 
ling of  this  Convention. 

(Signed)  CHARLES  E.  MALLARY." 

Mr.  Beall  of  Troup,  offered  the  following  as  an  amend- 
ment to  the  third  section  of  the  Ordinance  reported  by  the 
majority,  which  was  taken  up  and  read : 

"The  House  of  Representatives  shall  consist  of  eighty- 
seven  members,  and  no  more,  to  be  chosen  biennially  on  the 
first  Monday  in  October  next,  from  the  Congressional  Dis- 
tricts as  now  organized  by  the  State,  by  the  legally  quali- 
fied voters  of  said  several  Districts,  namely,  from  the  first 
Congressional  District,  fifteen  members ;  from  the  second 
fourteen  members;  from  the  third  eight  members;  from 

the  fourth,  eleven  members  ;  from  the  fifth,  twelve  mem- 

• 

bers;  from  the  sixth,  eleven  members;  from  the  seventh, 
eight  members;  and  from  the  eighth,  eight  members." 

On  motion  of  Mr.  Cobb,  the  foregoing  reports  and  amend- 
ment were  laid  on  the  table  until  after  the  proposed  recess 
of  this  Convention,  and,  on  motion  of  Mr.  Johnson  of 
Clayton,  500  copies  of  the  same  were  ordered  to  be  printed. 

Mr.  Hamilton  laid  on  the  table  the  following  resolution, 
which  was  taken  up,  read,  and  agreed  to  : 

Resolved,  That  the  Committee  on  Foreign  Relations  be 
instructed  to  enquire  and  report  whether  any  change  should 
be  made  in  the  device  on  the  coins  hereafter  to  be  made  at 
the  mint  at  Dahlonega,  in  the  county  of  Lumpkin.  Also, 
whether  any  change  should  be  made  in  the  management  of 
said  mint ;  and  in  the  event  they  should  be  of  opinion  any 
change  should  be  made,  that  they  report  to  this  Conven- 
tion such  changes  as  they  may  deem  necessary." 

Mr.  Johnson's  (of  Clayton)  resolution  directing  that 
25,000  copies  of  the  Ordinance  of  Secession,  be  printed,  was 


GEORGIA  CONVENTION. 


S3 


then  taken  up.  when  he  offered  the  following  as  a  substi- 
tute therefor  : 

Resolved,  That  twenty-five  thousand  copies  be  printed 
for  the  use  of  the  Convention,  of  the  resolutions  offered  by 
the  Hon.  E.  A.  Nisbet,  delegate  from  the  county  of  Bibb, 
declaring  it  to  be  the  right  and  duty  of  Georgia  to  secede 
from  the  Union,  and  appointing  a  committee  of  seventeen 
to  drawT  up  the  Ordinance  for  secession,  &c.,  and  the  vote 
that  was  taken  on  said  resolutions  by  yeas  and  nays.  Also, 
the  resolution  offered  by  the  Hon.  H.  V.  Johnson,  a  delegate 
from  the  county  of  Jefferson,  as  a  substitute  to  said  resolu- 
tions, with  the  vote  that  was  taken  on  the  same  by  the 
yeas  and  nays.  Also,  the  report  of  the  Committee  of  seven- 
teen, which  reported  the  Ordinance  for  secession  with  the 
vote  that  was  taken  on  the  Ordinance,  by  the  yeas  and 
nays.  Also,  the  names  of  each  delegate  and  the  county 
the)7  represented,  who  signed  said  Ordinance  in  the  order 
in  which  they  stand,  on  parchment,  and  the  names  of  each 
delegate  and  the  county  they  represented,  who  refused  to 
sign  the  same. 

On  motion  of  Mr.  Strickland,  the  substitute  and  original 
resolution  was  laid  on  the  table  for  the  balance  of  the  ses- 
sion. 

Mr.  Anderson,  from  the  committee  on  Commercial  and 
Postal  Arrangements,  reported  the  following  ordinance, 
which  was  taken  up,  read,  and  made  the  special  order  of 
the  day  for  Monday  next ;  300  copies  of  the  same  were 
ordered  to  be  printed  : 

AX  ORDINANCE 

To  make  provisional  arrangements  for  the  continuance  of 
commercial  facilities  in  Georgia. 

Whereas,  It  is  due  to  the  citizens  of  Georgia  engaged  in 
commerce  and  agriculture,  and  the  citizens  of  foreign  States 
engaged  in  lawful  commerce  with  this  State,  that  no  sudden 
or  abrupt  change  should  be  made. 

Beit  ordained  by  the  people  of  Georgia  in  Convention  assem- 
bled, and  it  is  hereby  ordedned  by  the  authority  of  the  same, 
That  collectors  of  customs  and  other  officers  connected 


84 


JOURNAL  OF  THE 


with  the  same  in  the  various  ports  of  this  State,  be  allowed 
to  continue  to  perform  their  functions  under  existing  laws, 
until  otherwise  ordered,  or  until  the  Congress  about  to  as- 
semble at  Montgomery  shall  legislate  on  the  same. 

Be  it  further  ordained  by  the  power  aforesaid,  That  should 
circumstances  arise  during  the  recess  of  this  Convention  to 
make  it  necessary  in  the  opinion  of  the  Governor  to  .place 
the  custom  house  under  the  control  of  the  Government  of 
this  State,  then  the  Governor  shall  be  empowered  to  take 
possession  of  the  same,  appoint  all  officers  and  establish  the 
revenue,  collection  and  navigation  laws  of  the  United  States,, 
so  far  as  they  may  be  applicable  until  otherwise  provided  for. 

The  first  ordinance  reported  on  yesterday  by  Mr.  Cobb, 
from  the  "Committee  on  the  Constitution  of  the  State  and 
the  Constitution  and  Laws  of  the  United  States,"  to  wit : 

"  An  ordinance  to  abolish  the  Circuit  and  District  Courts 
of  the  United  States  for  the  District  of  Georgia,  and  to 
establish  other  courts  in  lieu  thereof,  and  to  continue  in  force 
certain  judgments  and  executions" — was  taken  up  and  read^ 

On  motion  of  Mr.  Clarke,  the  same  was  recommitted  for 
amendment. 

Mr.  Clarke  then  moved  to  amend  the  third  section  of  the 
ordinance,  by  adding  thereto  the  following  words  :  "  But 
the  stay  law  of  the  General  Assembly  of  1860  shall  apply  to  the 
judgments  and  proceedings  of  said  Court." 

The  amendment  was  received. 

Mr.  Clarke  also  offered  the  following  as  an  amendment  to 
the  first  section — to  add  the  words  : 

"  But  in  case  any  coercive  measures  are  adopted  by  the 
present  Federal  Government,  said  Court,  and  all  other 
Courts  shall  lose  the  jurisdiction  of  a  cause  in  behalf  of  any 
citizen  of  a  non-seceding  States,  to  take  effect  by  order  of 
the  Governor,  and  to  continue  until  the  action  of  the  Gen- 
eral Assembly." 

The  amendment  was  lost. 

Mr.  Hood  offered  the  following  amendment : 

To  strike  out  in  the  first  section  all  after  the  words 


GEOEGIA  CONVENTION. 


85 


41  United  Stales"  where  they  occur  the  second  time  ;  to  strike 
out  the  second  section,  and  to  strike  out  the  following:  words 
in  the  third  section,  to  wit :  after  the  word  "criminal,"  the 
words  "  are  continued  without  prejudice  in  the  Courts  hereby  es- 
tablished." 

Mr.  Hill,  of  Troup,  called  for  the  "previous  question," 
which  being  seconded,  the  ordinance,  as  amended,  was  put 
upon  its  passage,  when  Mr.  Hood  demanded  that  the  yeas 
and  nays  be  recorded. 

There  are  yeas  204 ;  na}rs  54,  to  wit : 

Those  who  voted  in  the  affirmative  are  Messrs.  : 


Adams  of  Camden, 

Alexander  of  Fulton, 

Alexander  of  Upson, 

Algood, 

Anderson, 

Bartow, 

Beasley, 

Beck, 

Beall  of  Forsyth, 

Benning, 

Black, 

Bowen, 

Brewton, 

Briscoe, 

Brown  of  Houston,% 

Brown  of  Marion, 

Brown  of  Webster, 

Buchanan, 

Bullard, 

Burch, 

Bush, 

Butts, 

Byrd, 

Calhoun, 

Cannon  of  Rabun, 

Carson, 

Carswell, 

Casey, 

Cheshier, 

Clark, 

Cochran  of  Terrell, 
Cochran  of  Wilkinson, 


Cobb, 

Cody, 

Coleman, 

Colquitt, 

Corn, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Dabney, 
Daniel, 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Day, 

Deupree, 

Dewberry, 

Dickerson, 

Fain, 

Farns  worth, 

Fleming, 

Flevvellen, 

Fields, 

Fitzpatrick, 

Ford, 

Fort  of  Stewart, 

Freeman, 

Frier, 

Gardner, 

Gavin, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Glover, 

Giles, 

Gordon, 


JOURNAL  OF  THE 


Graham, 

McConnell  of  Cherokee 

Gresham, 

McCulloch 

G  unn, 

McDaniel, 

Hale, 

McDowell, 

Haines, 

McGriff, 

Hamilton, 

McLain, 

Har  s  roves, 

McRae, 

Harville, 

Means, 

Harris  of  Glynn, 

Milton, 

Harris  of  Hancock, 

Moor  of  Spalding, 

Harvey, 

Montgomery, 

Hendricks, 

Neal  of  Talbot, 

Hill  of  Harris, 

Nisbet, 

Hill  of  Hart, 

Overstreet, 

Hill  of  Troup, 

Pariss, 

Hilliard, 

Patrick, 

Hines, 

Perkins, 

Hudson  of  Gwinnett, 

Phinizy  of  Monroe^ 

Hudson  of  Harris, 

Pickett, 

Hucofins. 

Pierce, 

Hull, 

Pinson, 

Hust, 

Pittman, 

.Tack  son. 

Pitts, 

Jennings, 

Poe, 

Johnson  of  Clayton, 

PofFord, 

Johnson  of  Hall, 

Porter, 

Johnson  of  Oglethorpe, 

Poullain, 

Jones  of  Burke, 

Prescott, 

Jones  of  Chatham, 

Price, 

Kenan, 

Ramsey  of  Muscogee- 

Ketehum. 

Reed, 

Kill  o-ore 

Kimsey, 

Reynolds, 

Knox, 

Rice, 

Lamar  of  Lincoln, 

Richardson  of  Lee. 

Lamar  of  Bibb, 

Riehardson  of  Twifrsrs 

Lattimer  of  Montgomery, 

Robinson, 

Low, 

Rowe, 

Lester, 

Rutherford. 

Lindlev, 

Sharman, 

Lot]0*. 

Shame. 

Lvle, 

Sheffield  of  Calhoun, 

Mabrv  of  Heard. 

Sheffield  of  Earl v 

Mallarv 

Shell 

Manson, 

Shropshire  of  Chattooga* 

Martin  of  Elbert, 

Skelton, 

Martin  of  Meriwether, 

Simmons  of  Gwinnett, 

McConnell  of  Catoosa, 

Simmons  of  Pickens, 

6  E  0  E  G I A  CONVENTION. 


87 


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rF  i  riTfi  M  s  nf  Tl  fin '  t~ 

"W  ni"n  fit  (  !nh1a 

Thomas  of  Whitfield, 

Worrbrd. 

Tornlinson, 

Wood. 

Toombs. 

Word. 

Trippe. 

Yates, 

Troup, 

Yopp. 

Those  who  voted  in  the  negative  are  Messrs.: 


Arnold. 

Lattimer  of  Appling, 

Bailev. 

Lo°:an, 

Blalock, 

Mabry  of  Berrien. 

Cannon  of  Wayne, 

Martin  of  Lumpkin, 

Douglass, 

McLeo-i 

Dozier, 

Mershon. 

Ellington, 

Moore  of  Bulloch, 

Fouche, 

Morrow. 

French, 

Mounger. 

Gee, 

Munnerlyn. 

Gholston, 

Newton, 

Hall. 

Pads:et, 

Hammond. 

Patterson. 

Hansell. 

Ponder, 

Harris  of  Mcintosh. 

Pruett, 

Head, 

Ramsey  of  Clinch, 

Hendry. 

Shropshire  of  Floyd. 

Herrinsfton. 

Slater. 

Hood. 

Simms. 

Howell, 

Spencer, 

Johnson  of  Jefferson. 

Stephens  of  Pierce, 

Kirkland, 

Styles, 

Lamb. 

Tillman. 

Langmade, 

Tucker  of  Laurens. 

JOURNAL  OF  THE 


Turner  of  Wilcox, 

Walton, 

Whitehead, 


Williams  of  Mcintosh, 
Young  of  Gordon. 
Young  of  Irwin. 


So  the  ordinance,  as  amended,  having  been  twice  read, 
was  adopted. 

The  second  ordinance,  from  the  same  committee,  reported 
by  Mr.  Cobb,  on  yesterday,  to-wit : 

"An  ordinance  to  adopt  the  laws  of  the  late  United 
States"— was  taken  up,  read  twice,  and  adopted. 

The  third  ordinance  from  the  same  committee,  reported 
by  Mr.  Cobb,  on  yesterday,  to-wit : 

"  An  ordinance  to  define  certain  offences  against  the  State 
of  Georgia" — was  taken  up  and  read. 

Mr.  Simmons,  of  Gwinnett,  moved  to  recommit  the  same 
for  amendment,  which  was  agreed  to. 

Whereupon  Mr.  Cobb  moved  to  fill  the  blank  in  the 
second  clause,  after  the  word  "  than"  with  the  word  "ten" 
The  amendment  was  received. 

Mr.  Simmons  (of  Gwinnett)  then  moved  to  strike  out  the 
second  clause,  which  was  lost. 

Mr.  Wofford  moved  to  strike  out  the  third  clause,  which 
was  lost. 

Mr.  Simmons  (of  Gwinnett)  moved  to  strike  out  the 
words  "  or  interests"  in  the  third  clause,  which  motion  was 
lost. 

The  ordinance  was  then  read  twice,  and  passed. 

The  fifth  ordinance  reported  on  yesterday  by  Mr.  Cobb, 
from  the  same  committee,  to  wit  : 

"  An  ordinance  concerning  citizenship" — was  taken  up. 

On  motion,  it  was  recommitted,  and  amended  by  strik- 
ing out  the  word  "now"  in  the  third  section,  and  inserting, 
in  lieu  thereof,  the  word  "lately." 

The  ordinance  was  then  twice  read  and  passed. 

The  report  from  Mr.  Benning,  chairman  of  the  "  Comrnit- 
mittee  on  the  Relations  with  the  slaveholding  States  of 


GEORGIA  CONVENTION. 


89 


North  America,"  relative  to  the  admission  of  States  into 
the  Southern  Confederacy  to  be  formed  at  Montgomery,  was 
taken  up,  read,  and  recommitted  to  same  committee. 

Mr.  Whitehead's  resolution  relative  to  the  adjournment 
and  re-assembling  of  this  Convention  at  Savannah,  was 
taken  up,  when  amendments  from  Messrs.  Corn,  Cannon  of 
Rabun,  and  Starr,  and  a  substitute  from  himself,  were  pre- 
sented— all  of  which  were  laid  on  the  table  for  the  present. 

Mr.  Briscoe,  from  the  committee  on  Enrollment,  reported 
as  duly  enrolled  and  ready  for  the  signature  of  the  Presi- 
dent of  the  Convention— 

An  ordinance  to  continue  in  force  the  laws  against  the 
African  slave  trade.  Also, 

An  ordinance  in  relation  to  the  inter-State  slave  trade — 
which,  being  signed  by  the  President,  was  deposited  in  the 
office  of  the  Secretary  of  State. 

Mr.  Nisbet  offered  the  following  resolution,  which  was 
taken  up,  read,  and  agreed  to. 

Resolved,  That  the  committee  on  Military  Affairs  be,  and 
they  are  hereby  requested  to  enquire  into  the  expediency 
and  practicability  of  establishing  an  Armory  for  the  use  of 
the  State  within  the  limits  of  this  State,  and  report  to  the 
Convention. 

Leave  of  absence  was  granted  to  Messrs.  Garvin,  Allen, 
Douglass,  Anderson,  Harris  of  Meriwether,  Bell  of  Banks, 
Styles  of  Ware,  Cochran  of  Wilkinson,  and  Richardson  of 
Lee. 

On  motion  of  Mr.  Hill,  of  Troup,  the  Convention  then 
adjourned  till  eleven  o'clock,  Monday  morning. 


MONDAY,  JANUARY  28,  1861, 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer,  by  the  Rev.  Mr.  Flinn. 

A  quorum  being  present,  the  Journal  was  read. 


JOURNAL    OF  THE 


Mr.  Ramsey  moved  to  reconsider  so  much  of  the  jour- 
nal of  Saturday  as  relates  to  the  passage  of  the  Ordinance, 
reported  by  Mr.  Cobb,  from  the  Committee  on  the  Consti- 
tution of  the  State,  and  the  Constitution  and  Laws  of  the 
United  States,  to-wit : 

"An  Ordinance,  in  relation  to  the  Circuit  and  District 
Courts  of  the  United  States." 

The  motion  to  reconsider  prevailed,  and  the  Ordi- 
nance was  referred  back  to  the  same  Committee. 

The  hour  of  12  having  arrived,  the  order  of  the  day, 
to-wit:  the  reception  of  the  Hon.  Thos.  W.  White,  Com- 
missioner from  the  State  of  Mississippi,  to  Georgia,  took 
place . 

Mr.  Alexander,  of  Upson,  chairman  of  the  Committee  for 
that  purpose,  introduced  that  gentlemen  to  the  President  of 
the  Convention,  who,  having  extended  a  cordial  welcome  to 
him  in  its  behalf,  stated  that  it  was  then  ready  to  receive, 
or  hear,  any  communication  he,  as  a  Commissioner  from 
Mississippi,  was  prepared  to  deliver  or  communicate. 

Whereupon  the  Commissioner  aforesaid  addressed  the 
Convention. 

Mr.  Colquitt,  (in  the  absence  of  Mr.  Toombs,  the  Chair- 
man of  the  Committee  on  Foreign  Relations,)  made  the 
following  Report,  to-wit: 

The  Committee  on  Foreign  Relations,  to  whom  was  re- 
ferred the  duty  of  recommending  to  the  Convention  suitable 
persons  to  fill  the  offices  of  Commissioners  to  several 
designated  States,  have  had  the  same  under  consideration, 
and 

REPORT : 

For  Virginia,  H.  L.  Benning,  of  Muscogee. 
For  Maryland,  A.  R.  Wright,  of  Richmond. 
For  Kentucky,  H.  R.  Jackson,  of  Chatham. 
For  Tennessee,  H.  P.  Bell,  of  Forsyth. 
For  Missouri,  L.  J.  Glenn,  of  Fulton. 
For  Arkansas,  D.  P.  Hill,  of  Harris. 
For  Delaware,  D.  C.  Campbell,  of  Baldwin. 
For  North  Carolina,  Samuel  Hall,  of  Macon. 

The  Report  was  taken  up  and  read,  when,  on  motion  of 


GEOEGIA  CONVENTION. 


91 


Mr.  Toombs,  (who  stated  that  Mr.  Jackson  had  declined  to 
to  serve  as  Commissioner  to  Kentucky,)  so  much  of  the 
Report  as  referred  to  that  State,  was  recommitted  to  the 
Committee  on  Foreign  Relations." 

The  remainder  of  the  Report  was  agreed  to, 

Mr.  Stephens,  of  Taliaferro,  from  the  Committee  on 
Foreign  Relations,  reported  the  following  Resolutions : 

Resolved,  That  the  delegates  sent  from  this  State  by  this 
Convention,  to  the  proposed  Congress  to  assemble  at  Mont- 
gomery, Alabama,  on  the  4th  day  of  February  next,  be 
fully  authorized  and  empowered,  upon  free  conference  and 
consultation  with  delegates  that  may  be  sent  from  other 
seceding  States,  to  said  Congress,  to  unite  with  them  in 
forming  and  putting  into  immediate  operation,  a  temporary 
or  Provisional  Government,  for  the  common  safety  and 
defence  of  all  the  States  represented  in  said  Congress. 
Such  temporary  or  Provisional  Government  not  to  extend 
beyond  the  period  of  twelve  months  from  the  time  it  goes 
into  operation,  aad  to  be  mod  eled  as  nearly  as  practicable 
on  the  basis  and  principles  of  the  late  Government  of  the 
United  States  of  America.  The  powers  of  the  delegates 
so  appointed  by  this  Convention  in  this  particular,  being 
hereby  declared  to  be  full  and  plenary. 

Be  it  further  Resolved,  That  said  Delegates  be  likewise 
authorized,  upon  like  conference  and  consultation  with  the 
delegates  from  the  other  States  in  said  Congress,  to  agree 
upon  a  plan  of  permanent  Government  for  said  States, 
upon  the  principles  and  basis  of  the  Constitution  of  the 
late  United  States  of  America,  which  said  plan  or  Consti- 
tution of  permanent  Government  shall  not  be  binding  or 
obligatory  upon  the  People  of  Georgia,  unless  submitted  to, 
approved,  and  ratified  by  this  Convention. 

The  report  was  taken  up  and  read,  when  Mr.  Fouche  moved 
to  lay  the  same  upon  the  table  for  the  present,  and  to  print 
300  copies  thereof. 

The  motion  was  lost,  and  the  Report  was  agreed  to. 

SPECIAL  ORDER. 
The  special  order  of  the  day,  to-wit: 
"An  Ordinance,  to  make  provisional  arrangements  for  the 


JOURNAL  OF  THE 


continuance  of  Commercial  Facilities  in  Georgia,"  was  then 
taken  up  and  read. 

Mr.  Hood,  of  Randolph,  from  the  minority  of  the  Com- 
mittee on  Commercial  and  Postal  Arrangements,  reported 
the  following  Ordinance,  as  a  substitute  for  the  Ordinance 
proposed  by  the  majority  of  said  Committee: 

AN  ORDINANCE 

To  make  Provisional  Arrangements  for  the  continuance  of 
Commercial  facilities  in  Georgia. 

We,  the  People  of  Georgia,  in  Convention  assembled,  do  declare 
and  Ordain,  and  it  is  hereby  declared  and  Ordained, 

First,  That  all  citizens  of  the  State  of  Georgia,  who,  on 
the  19th  day  of  January,  1861,  were  holding  office  con- 
nected with  the  Customs,  under  the  Government  of  the 
late  United  States,  within  the  limits  of  this  State,  be,  and 
they  are  hereby  appointed  to  hold,  under  the  Government 
of  this  State,  exclusive  of  any  further  connection  ^whatever 
with  the  Government  of  the  late  United  States,  the  same 
offices  they  now  fill,  until  otherwise  directed,  and  to  receive 
the  same  pay  and  emoluments  for  their  services. 

Second,  That  until  the  Convention  or  other  Provisional 
Government  shall  otherwise  provide,  the  Governor  shall  ap- 
point to  all  vacancies  which  now  exist  or  may  hereafter 
occur  in  such  offices. 

Third,  That  until  otherwise  provided,  the  Revenue,  Col- 
lection, and  Navigation  Laws  of  the  late  United  States,  so 
far  as  they  may  be  applicable,  be,  and  they  are  hereby 
adopted  and  made  the  laws  of  this  State,  saving  that  no 
duties  shall  be  collected  upon  imports  from  the  States 
forming  the  late  United  States,  nor  upon  the  tonnage  of 
vessels  owned  in  whole  or  in  part  by  the  citizens  of  said 
States;  Provided,  if  the  said  late  United  States  should  as- 
sume an  attitude  of  hostility  towards  the  State  of  Geor- 
gia, then  the  Governor,  by  his  Proclamation,  shall  put  them 
upon  the  same  footing  with  all  other  foreign  nations.  And, 
saving  and  excepting  the  Act  of  Congress,  adopted  the  3rd 
day  of  March,  1817,  entitled  "An  Act  authorizing  the  de- 
posit of  papers  of  foreign  vessels  with  the  Consuls  of  their 


GEORGIA  CONVENTION. 


93 


respective  nations,"  which  Act  is  hereby  declared  to  be  of 
no  force  within  the  limits  of  this  State. 

Fourth,  That  all  vessels  built  in  Georgia,  or  elsewhere, 
and  owned  to  the  amount  of  one  third  by  a  citizen,  or  citi- 
zens, of  Georgia,  or  of  any  of  the  seceding  States  from  the 
late  United  States,  and  commanded  by  a  citizen  thereof, 
and  no  other,  shall  be  registered  as  vessels  of  Georgia,  un- 
der the  authority  of  the  Collector  and  Naval  officers. 

Fifth,  That  all  the  official  acts  of  the  officers  aforesaid, 
in  which  it  is  usual  and  proper  to  set  forth  the  authority 
under  which  they  act,  or  the  style  of  documents  issued  by 
them,  or  any  of  them,  shall  be  in  the  name  of  the  State  of 
Georgia. 

Sixth,  That  all  monies  hereafter  collected  by  any  of  the 
officers  aforesaid,  shall,  after  deducting  the  sums  necessary 
for  the  compensation  of  officers,  and  other  expenses  inci- 
dent thereto,  be  paid  into  the  Treasury  of  the  State  of 
Georgia,  subject  to  the  order  of  this  Convhntion,  or  the 
General  Assembly. 

Seventh,  That  the  officers  aforesaid  shall  retain  in  their 
hands  all  property  of  the  late  United  States  in  their  posses- 
sion, custody,  or  control,  subject  to  the  disposal  of  the 
proper  authorities,  who  will  account  for  the  same,  upon  a 
final  settlement  with  the  Government  of  the  late  United 
States. 

Mr.  Hood  moved  that  the  substitute  be  adopted  in  lieu 
of  the  original  Ordinance. 

Whereupon  Mr.  Hill,  of  Troup,  demanded  that  the  yeas 
and  nays  be  recorded. 

There  are  yeas  130,  nays  119,  to-wit: 

Those  who  voted  in  the  affirmative,  are  Messrs. 

Adams  of  Camden,  Butts, 

Alexander  of  Fulton,  Calhoun, 

Algood,  Cannon  of  Wayne, 

Bailey,  Carson, 

Bartow,  Chastain, 

Benning,  Cheshier, 

Blalock,  Clarke, 

Brown  of  Houston,  Cobb, 

Buchanan,  Colquitt, 

Burch,  Cox, 


JOUENAL  OP  THE 


Crawford  of  Greene, 

Davis  of  Chattaooochee, 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Dewberry, 

Douglass, 

Dozier, 

Fleming, 

Flewellen, 

Ford, 

Fort  of  Stewart, 

Fort  of  Wayne, 

Fouche, 

Furlow, 

Gaulden, 

Gee, 

Gholston, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Glover, 

Giles, 

Gresham, 

Gunn, 

Ball, 

Hamilton, 
Hammond, 
Hansel!, 
Harvill, 

Harris  of  Glynn, 

Harris  of  Mcintosh, 

Hawkins, 

Head, 

Henderson, 

Hendry, 

Hendricks, 

Hill  of  Hart, 

Hilliard, 

Hines, 

Hood, 

Howell, 

Huggins, 

Jackson, 

Jennings, 

Johnson  of  Oglethorpe, 
Jones  of  Burke, 
Jones  of  Chatham, 
Knox, 

Lamar  of  Bibb, 


Lamb, 

Lattimer  of  Appling, 

Lester, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mallary, 

Martin  of  Elbert, 

Martin  of  Lumpkin, 

McConnell  of  Catoosa, 

McCulloch, 

McDowell, 

McLeod, 

Milton, 

Moore  of  Bulloch, 
Moor  of  Spalding, 
Mounger, 
Padget, 
Patterson, 

Phinizy  of  Richmond, 

Pickett, 

Pittman, 

Poe, 

Porter, 

Poullain, 

Prescott, 

Price, 

Pruett, 

Ramsey  of  Clinch, 

Ramsey  of  Muscogee, 

Rice, 

Robinson, 

Roddey, 

Rutherford, 

Sheffield  of  Calhoun, 

Sheffield  of  Early, 

Slater, 

Skelton, 

Simms, 

Singleton, 

Solomons, 

Spencer, 

Stephens  of  Pierce, 
Strickland  of  Forsyth, 
Taliaferro, 
Thomas  of  Dooly, 
Tillman, 


GEORGIA  CONVENTION. 


95 


Tomlinson, 

Toombs, 

Troup. 

Tucker  of  Colquitt. 
Turner  of  Wilcox, 
Usry, 
Varnadoe, 


Walton, 

Waterhouse, 

Wellborn, 

Whitehead, 

Williams  of  Mcintosh, 

Word, 

Young  of  Gordon. 


Those  who  voted  in  the  negative  are  Messrs. 


Adams  of  Putnam, 

Alexander  of  Upson, 

Arnold, 

Beasley, 

Beck, 

Beall  of  Forsyth, 

Black, 

Bowen, 

Brewton, 

Briscoe, 

Brown  of  Marion, 
Brown  of  Webster, 
Bush, 
Byrd, 

Cannon  ot  Rabun, 
Cantrell, 

Cochran  of  Terrell, 

Coleman, 

Corn, 

Dabney, 

Davis  of  Putnam, 
Day, 

Dickerson, 
Fain, 

Farns  worth, 

Fields, 

Fitzpatrick, 

Freeman, 

Frier, 

French, 

Gordon, 

Graham, 

Gray, 

Hale, 

Hargroves, 
Harris  of  Hancock, 
Herrington, 
Hill  of  Harris, 
Hill  of  Troup, 


Hudson  of  Gwinnett, 
Hudson  of  Harris, 
Hust, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jordan, 

Kenan, 

Ketch  urn, 

Killgore, 

Kimsey, 

Kirkland, 

Lamar  of  Lincoln, 
Latt  Lmer  of  Mo  n  tgomery , 
Low, 

Mabiy  of  Berrien, 
Mabry  of  Heard, 
Man  son, 

Martin  of  Merri wether, 

McConnell  of  Cherokee, 

McDaniel, 

McRae, 

Means, 

Mershon, 

Mitchell, 

Montgomery, 

Morrow, 

Neil  of  Talbot, 

Newton, 

Nisbet, 

Overstreet, 

Paris, 

Patrick, 

Phinizy  of  Monroe, 

Pierce, 

Pinson, 

Pitts, 

Pofford, 

Reese. 


96 


JOURNAL  OF  THE 


Reynolds,  Thomas  of  Whitfield, 

Rowe,  Tidwell, 

Saffold,  Trippe, 

Shannon,  Tucker  of  Laurens, 

Sharpe,  Warner, 

Shell,  Webb, 

Shropshire  of  Chattooga,  West, 

Shropshire  of  Floyd,  Whelchel, 

Simmons  of  Gwinnett,  Willingham, 

Simmons  of  Pickens,  Williams  of  Chattooga, 

Sirmons,  Williams  of  Harris, 

Sisk,  Williamson, 

Smith  of  Charlton,  Willis, 

Smith  of  Johnson,  Winn  of  Cobb, 

Smith  of  Talbot,  Wofford, 

Spence,  Wood, 

Stapleton,  Wright, 

Stephens  of  Monroe,  Yates, 

Street,  'Yopp, 

Strickland  of  Tatnall,  Young  of  Irwin. 

Teasley, 

So  the  substitute  was  adopted  in  lieu  of  the  original 
Ordinance,  and  having  been  read  twice  was  passed  with 
the  following  amendment,  to-wit : 

After  the  words  "holding  office,"  in  the  first  section,  to 
add  the  words,  "or  who  may  have  resigned,  and  where 
resignations  may  not  have  been  accepted." 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  of 
the  State  and  the  Constitution  and  Laws  of  the  United 
States,  submitted  the  following,  which,  on  his  motion,  with- 
out being  read,  was  laid  on  the  table  until  after  the  pro- 
posed recess,  and  1,000  copies  ordered  to  be  printed: 

The  fundamental  principles  of  Free  Government  cannot 
be  too  well  understood  or  too  often  recurred  to.  Hence 
we  declare  this 

BILL  OF  RIGHTS. 

All  Government  derives  its  authority  from  the  consent  of 
the  governed;  who  may  modify,  alter  or  annul  the  same 
whenever  their  safety  or  happiness  requires  it.  No  Gov- 
ernment should  be  changed  for  slight  or  transient  causes, 
nor  unless  upon  reasonable  assurance  that  a  better  will  be 
established. 


GEORGIA  CONVENTION. 


97 


Protection  to  person  and  property  is  the  consideration  of 
allegiance  ;  and  a  Government  which  knowingly  and  per- 
sistently denies  or  withholds  snch  protection  from  the 
governed,  releases  them  from  the  obligation  of  obedience. 

Xo  citizen  shall  be  deprived  of  life,  liberty,  or  property, 
except  by  due  process  of  Law:  and  of  life  or  liberty  only 
by  the  judgment  of  his  peers.  The  writ  of  habeas  corpus 
shall  not  be  suspended  unless  when  in  case  of  rebellion  or 
invasion  the  public  safety  may  require  it. 

A  well  regulated  Militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  People  to  keep  and  bear 
arms  shall  not  be  infringed. 

The  prevalence  of  the  Christian  Religion  among  the 
people,  and  the  basis  of  Christian  principles  underlying  the 
laws,  entitle  this  State  to  be  ranked  among  the  Christian 
nations  of  the  earth,  and  as  those  principles  are  indepen- 
dent of  all  political  organization,  no  religious  test  shall 
ever  be  required  for  the  tenure  of  any  office,  and  no  re- 
ligious establishment  allowed ;  and  no  citizen  shall  be 
deprived  of  any  right  or  privilege  by  reason  of  his  relig- 
ious belief. 

Freedom  of  thought  and  opinion,  freedom  of  speech,  and 
freedom  of  the  Press,  are  inherent  elements  of  political 
liberty.  But  while  every  citizen  may  freely  speak,  write, 
and  print,  on  any  subject,  he  shall  be  responsible  for  the 
abuse  of  the  liberty. 

The  right  of  the  People  to  appeal  to  the  Courts,  to  pe- 
tition Government  on  all  matters  of  legitimate  cognizance, 
and  peaceably  to  assemble  for  the  consideration  of  any 
matter  of  public  concern,  can  never  be  impaired. 

For  every  right  there  should  be  provided  a  remedy,  and 
every  citizen  ought  to  obtain  justice  without  purchase, 
without  denial,  and  without  delay,  conformablv  to  the 
laws  of  the  land. 

Every  person  charged  with  an  offence  against  the  laws 
of  the  State,  shall  have 

1st.  The  privilege  and  benefit  of  counsel. 

2nd,  Shall  be  furnished,  on  demand,  with  a  copy  of  the 
accusation,  and  a  list  of  the  witnesses  against  him. 

3rd,  Shall  have  the  compulsory  process  of  the  Court  to 
obtain  the  attendance  of  his  own  witnesses. 


9® 


JOUENAL  OF  THE 


4th,  Shall  be  confronted  with  the  witnesses  testifying 
against  him,  and  1 

5th,  Shall  have  a  public  and  speedy  trial  by  an  impar- 
tial Jury. 

No  person  shall  be  put  in  jeopardy   of  life  or  liberty 
more  than  once  for  the  same  offence. 

No  conviction  shall  work  corruption  of  blood,  or  general 
forfeiture  of  estate. 

Excessive  bail  shall  not  be  required  or  excessive  fine* 
'imposed;  nor  cruel  and  unusual  punishments  inflicted. 

The  power  of  the  Courts  to  punish  for  contempts  should 
always  be  limited  by  legislative  acts. 

A  faithful,  honest,  and  fearless  execution  of  the  laws  is 
essential  to  good  order;  and  good  order  in  society  is  es- 
sential to  true  Liberty. 

Legislative  Acts  in  violation  of  the  fundamental  law  are 
void;  and  the  Judiciary  shall  so  declare  them. 

.Ex  post  facto  laws,  or  laws  impairing  the  obligation  of 
contracts,  or  retroactive  legislation  affecting  the  rights  of 
the  citizens,  are  prohibited. 

Laws  should  have  a  general  operation,  and  no  general 
law  should  be  varied  in  a  particular  case,  by  special 
legislation^  except  upon  notice  to  all  persons  to  be  affected 
thereby.  , 

The  right  of  taxation  can  be  granted  only  by  the 
People,  and  should  be  exercised  by  their  agents  in  Govern- 
ment only  for  the  legitimate  purposes  of  Government. 

In  cases  of  necessity,  private  ways  may  be  granted  upon 
just  compensation  being  first  paid;  and  with  this  exception 
private  property  shall  not  be  taken  except  for  public  use ; 
and  then  only  upon  just  compensation,  such  compensation, 
except  in  cases  of  pressing  necessity,  should  be  first  provi- 
ded and  paid. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirma- 
tion, and  particularly  describing  the  place  or  places  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

Extreme  necessity  only  should  justify  the  declaration  of 
Martial  Law. 


GEORGIA  CONVENTION. 


99 


Lar^e  standing  armies  m  times  of  Peace  are  dangerous 
to  Liberty. 

No  soldier  shall,  in  time  of  Peace,  be  quartered  in  anv  ♦ 
house,  without  the  consent  of  the  owner,  nor  in  time  of 
War,  but  in  a  maimer  prescribed  by  law. 
Titles  of  Nobility  are  inconsistent  with  Republican  Equali- 
itv,  and  civil  honors  should  come  by  merit  and  not  by  in- 
heritance. 

All  powers  not  delegated  to  the  Government,  expressly 
or  by  necessary  implication,  are  reserved  to  the  People  of  the 
State.  And  in  all  doubtful  cases  the  denial  of  the  grant  is 
the  ground  safest  for  the  liberty  of  the  People. 

The  enumeration  of  rights  herein  contained  shall  'not  be 
construed  to  deny  to  the  People  any  inherent  rights  which 
they  have  hitherto  enjoyed. 

Mr.  Briscoe,  from  the  Committee  on  Enrollment,  reported 
as  duly  enrolled,  and  ready  for  the  signature  of  .the  Presi- 
ident,  certain  Ordinances  passed  in  secret  session,  which 
were  signed  by  the  President,  and  transmitted  to  the  Gov- 
ernor. 

Mr.  Singleton  moved  that  Mr.  Brown  of  Marion  be  placed 
upon  the  Committee  on  Accounts,  in  lieu  of  Mr.  McDonald 
of  Ware,  who  was  absent. 

The  motion  was  agreed  to. 

Mr.  Bartow,  from  the  Committee  on  Military  affairs, 
made  the  following 

REPORT : 

The  Committee  on  Military  affairs,  to  whom  was  referred 
an  Ordinance  to  organize  a  mounted  police  in  each  of  the 
several  Counties  of  the  State,  and  for  other  purposes,  have 
considered  the  same,  and  report  that,  in  their  opinion,  the 
mid  Ordinance  ought  not  to  pass. 

The  report  was  taken  up  and  agreed  to. 

Mr.  Bartow,  from  the  same  Committee,  also  made  the 
following 

REPORT : 

That  the  Committee  to  whom  was  referred  a  Resolution 
directing  them  "to  inquire  into  the  expediency  and  practi- 


100 


JOURNAL   OF  THE 


eability  of  establishing  an  Armory  for  the  use  of  the  State 
within  its  limits,  and  to  report  to  the  Convention,"  ask 
leave  for  further  time,  to  make  their  report. 

The  report  was  taken  up,  read,  and  the  leave  asked,  was 
granted. 

Leave  of  absence  was  granted  to  Messrs.  Buchanan,  Hill 
of  Hart,  Martin  of  Elbert,  Turner  of  Hancock,  Moore  of 
Bulloch,  Pinson,  McGriff,  Fitzpatrick,  Cobb,  Richardson 
of   Twiggs,  and  Smith  of  Johnson. 

The  Convention  then  adjourned  till  ten  o'clock  to-mor- 
row morning. 


TUESDAY,  JANUARY  29,  1S61. 

The  Convention  met  pursuant  to.  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Crawford. 

A  quorum  being  present,  the  journal  was  read. 

Mr.  Tidwell,  moved  to  reconsider  so  much  of  the  journal 
of  yesterday  as  relates  to  the  passage  of 

AN  ORDINANCE 

To  make  Provisional  arrangements  for  the  continuance  of 
Commercial  facilities  in  Georgia. 

Mr.  Hood  moved  the  previous  question,  which,  being 
seconded  prevailed,  when  the  yeas  and  nays  were  demanded 
to  be  recorded. 

There  are  yeas  113  ;  nays  143,  to- wit : 

Those  who  voted  in  the  affirmative  are  Messrs. 

Adams  of  Putnam,  Briscoe, 

Alexander  of  Upson,  Brown  of  Marion, 

Arnold,  Brown  of  Webster, 

Beasley,  Bullard, 

Beck,  Burnett, 

Beall  of  Troup,  Bush, 

Black,  Byrd, 

Brewton,  Cannon  of  Rabun, 


GEORGIA  CONVENTION. 


101 


Cochran  of  Terrell, 

Cody, 

Corn, 

Dabney, 

Davis  of  Putnam, 

Day, 

Deupree, 

Dickersou, 

Fain, 

Freeman, 

Frier, 

French, 

Gordon, 

Graham, 

Gray, 

Hale, 

Haines, 

Hargroves, 

Harris  of  Hancock, 

Henderson, 

Herrington, 

Hill  of  Harris, 

Hill  of  Troup, 

Hudson  of  Gwinnett, 

Hudson  of  Harris, 

Hust, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jordan, 

Kenan, 

Ketchum, 

Killgore, 

Kimsey, 

Kirkland, 

Lamar  of  Lincoln, 

Langmade, 

Lattimer  of  Montgomery, 

Low, 

Long, 

Mabry  of  Heard, 
Manson, 

Martin  of  Meriwether, 

McDaniel, 

McEae, 

Means, 

Mershon, 

Mitchell, 

Montgomery, 


Morrow, 

Neal  of  Talbot, 

Newton, 

Nisbet, 

Overstreet, 

Paris, 

Patrick, 

Phinizy  of  Monroe, 

Pierce, 

Pitts, 

Pofford, 

Reynolds, 

Rowe, 

SafFold, 

Sharman, 

Sharpe, 

Shropshire  of  Chattooga, 
Shropshire  of  Floyd, 
Simmons  of  Gwinnett, 
Simmons  of  Pickens, 
Sirmons, 
Sisk, 

Smith  of  Charlton, 
Smith  of  Johnson, 
Smith  of  Talbot, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Monroe, 
Street, 

Strickland  of  Tatnall, 
Thomas  of  Whitfield, 
Tidwell, 
Trippe, 

Tucker  of  Laurens, 

Warner, 

Webb, 

West, 

Whelchel, 

Willingham, 

Williams  of  Chattooga. 

Williams  of  Harris, 

Williamson, 

Wood, 

Wright, 

Yates, 

Yopp, 

Younff  of  Irwin. 


102 


JOURNAL  OF  THE 


Those  who  voted  in  the  negative  are  Messrs. : 


Adams  of  Camden, 

Alexander  of  Fulton, 

Algood, 

Bailey, 

Banks, 

Bartow, 

Bell  of  Forsyth, 
Benning, 
Blalock, 
Bo  wen, 

Brown  of  Houston, 

Bryan, 

Burch, 

Butts, 

Calhoun, 

Caunon  of  Wayne, 

Carson, 

Chastain, 

Cheshier, 

Clarke, 

Cleveland, 

Coleman, 

Colquitt, 

Crawford  of  Richmond, 
Daniel, 

Davis  of  Chattahoochee, 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Dennis, 

Dewberry, 

Douglass, 

Dozier, 

Farns  worth, 

Fleming, 

Flewellen, 

Fields, 

Ford, 

Fort  of  Stewart, 

Fort  of  Wayne, 

Fouche, 

Furlow, 

Gaul  den, 

Gardner, 

Gee, 

Gholston, 
Glenn  of  Fulton, 


Glenn  of  Oglethorpe* 

Glover, 

Giles, 

Gresham, 

Gunn, 

Hamilton, 

Hammond, 

Hansell, 

Harville, 

Harris  of  Glynn, 

Harris  of  Mcintosh,. 

Harvey, 

Hawkins, 

Head, 

Hendry, 

Hendricks, 

Billiard, 

Hines, 

Hood, 

Howell, 

Huggins, 

Hull, 

Jackson, 

Jennings, 

Johnson  of  Oglethorpe,. 
Jones  of  Burke, 
Jones  of  Chatham, 
Knox, 

Lamar  of  Bibb, 

Lamb, 

Lester, 

Lindley, 

Logan, 

Logue, 

Lyle5 

Mallary, 

Martin  of  Lumpkin, 

McConnell  of  Catoosa, 

McOonnell  of  Cherokee. 

McCulloch, 

McDowell, 

McLeod, 

Milton, 

Moore  of  Bulloch, 
Moor  of  Spalding, 
Mounger, 


GEOEGrlA  CONVENTION. 


103 


Muimeiiyn, 

Padget, 

Patterson, 

Phinizy  of  Richmond, 

Picket, 

Pittman, 

Poe, 

Ponder, 

Porter, 

Poullain, 

Prescott, 

Price, 

Pruett, 

Ramsey  of  Muscogee, 

Reed, 

Rice, 

Richardson  of  Lee, 

Robinson, 

Roddey, 

Rutherford, 

Sheffield  of  Calhoun, 

Sheffield  of  Early, 

Shell, 

Slater, 

Skelton, 

Simms, 

So  the  motion  to  reconsider 


Singleton, 
Solomons, 
Spencer, 

Stephens,  of  Pierce, 
Strickland  of  Forsyth, 
Taliaferro, 
Teasley, 

Thomas  of  Dooly, 

Tillman, 

Tomlinson, 

Toombs, 

Troup, 

Tucker  of  Colquitt, 

Turner  of  Wilcox, 

Varnadoe, 

Walton, 

Waterhouse, 

Wellborn, 

Whitehead, 

Williams  of  Mcintosh, 

Willis, 

Winn  of  Cobb, 

Wofford, 

Word, 

Young  of  Gordon, 
was  lost. 


Mr.  Clarke,  from  the  "  Committee  on  the  Constitution 
and  Laws  of  State,  and  the  Constitution  and  Laws  of  the 
United  States,"  laid  on  the  table  the  following  report  and 
resolutions  referred  to  therein 

"Mr.  President :  I  am  instructed  to  report  a  set  of  resolu- 
tions in  counection  herewith,  for  providing  some  remedy 
against  the  unlawful  seizure  of  the  arms  and  other  property 
of  the  State  of  Georgia,  by  the  authorities  or  people  of  oth- 
er States,  and  which  report  is  also  made  at  the  suggestion 
und  request  of  his  Excellency  the  Governor  of  this  State. 

JVhercas,  late  events  indicate  a  disposition  upon  the  part 
of  certain  persons  at  the  North,  either  under  the  authority 
of  the  State  officers,  or  in  unruthorized  bands  to  seize  and 
retain  arms  and  ammunition  intended  for  the  seceding  States, 
and  wheras,  Georgia  cannot  and  will  not  tolerate  any  such 
interference  with  her  rights,  under  the  Laws  of  Nations 
therefore: 


104 


JOURNAL    OF  THE 


Be  it  resolved,  That  upon  sufficient  information  being  givea 
to  him  of  any  such  interference  with  arms  or  ammunition, 
intended  for  Georgia,  the  Governor  of  this  State  be,  and  he 
is  herby  authorized,  immediately  to  demand  of  the  Gover- 
nor of  the  State  where  such  outrage  is  committed,  a  restitu- 
tion of  the  property,  or  ample  remuneration  for  the  same, 
with  security  against  the  repetition  of  such  outrage.  And 
if  such  indemnity  is  not  given  wTithin  twelve  days  from  the 
date  of  the  demand,  the  Governor  of  this  State  is  hereby  au- 
thorized to  make  reprisals  from  the  property  of  the  citizens 
of  such  recreant  State,  to  be  found  within  the  borders  of 
this  State,  or  the  waters  adjacent  thereto  ;  and  in  his  dis- 
cretion he  may  issue  in  addition  thereto,  letters  of  Marque 
and  Reprisal  against  the  commerce  going  to  and  coming 
from  the  ports  of  such  recusant  State  under  the  flag  of  the 
United  States  of  America. 

Be  it  further  resolved,  That  whenever  the  Governor  shall 
thus  proceed,  the  judgment  and  other  liens  in  favor  of  citi- 
zens of  such  recusant  State  proceeded  against  shall  be  sus- 
pended, and  such  citizens  shall  lose  and  not  be  allowed  to 
hold  any  status  as  Plaintiffs  in  any  of  the  Courts  of  this 
State. 

The  report  was  read  and  laid  on  the  table  till  after  the  re- 
cess. 

Mr.  ISisbet,  from  the  committee  of  seventeen,  to  report 
the  Ordinance  of  Secession,  after  stating  that  it  was  written 
by  Mr.  Toombs  made  the  following 

REPORT, 
which  was  taken  up,  read,  and  adopted. 

"  The  people  of  Georgia  having  dissolved  their  political 
connection  with  the  Government  of  the  United  States  of 
America,  present  to  their  confederates,  and  the  world,  the 
causes  which  have  led  to  the  separation.  For  the  last  ten  years 
we  have  had  numerous  and  serious  causes  of  complaint 
against  our  non-slaveholding  confederate  States,  with  refer- 
ence to  the  subject  of  African  slavery.  They  have  endeav- 
ored to  weaken  our  security,  to  disturb  our  domestic  peace 
and  tranquility,  and  persistently  refused  to  comply  with  thek 


GEORGIA  CONVENTION. 


105 


express  constitutional  obligations  to  us  in  reference  to  that 
properly,  and  by  the  use  of  their  power  in  the  Federal 
Government,  have  striven  to  deprive  us  of  an  equal  enjoy- 
ment of  the  common  Territories  of  the  Republic.  This  hos- 
tile policy  of  our  confederates  has  been  pursued  with  every 
circumstance  of  aggravation  which  could  arouse  the  pas- 
sions and  excite  the  hatred  of  our  people,  and  has  placed  the 
two  sections  of  the  Union,  for  many  years  past,  in  the  con- 
dition of  virtual  civil  war.  Our  people,  still  attached  to  the 
Union,  from  habit  and  National  traditions,  and  averse  to 
change,  hoped  that  time,  reason  and  argument,  would  bring, 
if  not  redress,  at  least  exemption  from  farther  insults,  inju- 
ries and  dano-ers.  Recent  events  have  fully  dissipated  all 
such  hopes,  and  demonstrated  the  necessity  of  separation. 
Our  Northern  confederates,  after  a  full  and  calm  hearing 
of  all  the  facts,  after  a  fair  warning  of  our  purpose  not 
to  submit  to  the  rule  of  the  authors  of  all  these  wrongs 
and  injuries,  have,  by  a  large  majority,  committed  the 
Government  of  the  United  States  into  their  hands.  The  peo- 
ple of  Georgia,  after  an  equally  full  and  fair  and  deliber- 
ate hearing  of  the  case,  have  declared  with  equal  firmness, 
that  they  shall  not  rule  over  them.  A  brief  history  of  the 
rise,  progress  and  policy  of  anti-slavery,  and  of  the  polit- 
ical organization  into  whose  hands  the  administration  of 
the  Federal  Government  has  been  committed,  will  fully  jus- 
tify the  pronounced  verdict  of  the  people  of  Georgia.  The 
party  of  Lincoln,  called  the  Republican  party,  under  its 
present  name  and  organization  is  of  recent  origin.  It  is 
admitted  to  be  an  anti-slavery  party,  while  it  attracts  to 
itself  by  its  creed,  the  scattered  advocates  of  exploded  po- 
litical heresies,  of  condemned  theories  in  political  economy, 
the  advocates  of  commercial  restrictions,  of  protection,  of 
special  privileges,  of  waste  and  corruption  in  the  adminis- 
tration of  Government ;  anti-slavery  is  its  mission  and  its 
purpose.  By  anti-slavery  it  is  made  a  power  in  the  State. 
The  question  of  slavery  was  the  great  difficulty  in  the  way 
of  the  formation  of  the  Constitution.  While  the  subordi- 
nation and  the  political  and  social  inequality  of  the  African 
race  were  fully  conceded  by  all,  it  was  plainly  apparent 
that  slavery  would  soon  disappear  from  what  are  now  the 
non-slaveholding  States  of  the  original  thirteen ;  the  oppo- 


JOURNAL  OF  THE 


sition  to  slavery  was  then,  as  now,  general  in  those  States, 
and  the  Constitution  was  made  with  direct  reference  to  that 
fact.  But  a  distinct  abolition  party  was  not  formed  in  the 
United  States,  for  more  than  half  a  century  after  the  Gov- 
ernment went  into  operation.  The  main  reason  was,  that  the 
North,  even  if  united,  could  not  control  both  branches  of 
the  Legislature  during  any  portion  of  that  time.  Therefore, 
such  an  orginazition  must  have  resulted,  either  in  utter 
failure,  or  in  the  total  overthrow  of  the  Government. 
The  material  prosperity  of  the  North  was  greatly  depen- 
dent on  the  Federal  Government ;  that  of  the  South  not  at 
all.  In  the  first  years  of  the  Republic,  the  navigating,  com- 
mercial and  manufacturing  interests  of  the  North,  began  to 
seek  profit  and  aggrandizement  at  the  expense  of  the  agri- 
cultural interests.  Even  the  owners  of  fishing  smacks, 
sought  and  obtained  bounties  for  pursuing  their  own  busi- 
ness, which  yet  continue — and  half  a  million  of  dollars  are 
now  paid  them  annually  out  of  the  Treasury.  The  navi- 
gating interests  begged  for  protection  against  foreign  ship 
builders,  and  against  competition  in  the  coasting  trade  ; 
Congress  granted  both  requests,  and  by  prohibitory  acts, 
gave  an  absolute  monopoly  of  this  business  to  each  of  their 
interests,  which  they  enjoy  without  diminution  to  this  day. 
Not  content  with  these  great  and  unjust  advantages,  they 
have  sought  to  throw  the  legitimate  burthens  of  their  busi- 
ness as  much  as  possible  upon  the  public  ;  they  have  suc- 
ceeded in  throwing  the  cost  of  light-houses,  buoys,  and  the 
maintenance  of  their  seamen,  upon  the  Treasury,  and  the 
Government  now  pays  above  two  millions  annually  for  the 
support  of  these  objects.  These  interests  in  connection 
with  the  commercial  and  manufacturing  classes,  have  also 
succeeded,  by  means  of  subventions  to  mail  steamers,  and 
the  reduction  of  postage,  in  relieving  their  business  from 
the  payment  of  about  seven  millions  of  dollars,  an- 
nually, throwing  it  upon  the  public  Treasury,  under  the 
name  of  postal  deficiency.  The  manufacturing  interest 
entered  into  the  same  struggle  early,  and  has  clamored 
steadily  for  Government  bounties  and  special  favors.  This 
interest  was  confined  mainly  to  the  Eastern  and  Middle  non- 
slaveholding  States.  Wielding  these  great  States,  it  held 
great  power  and  influence,  and  its  demands  were  in  full 


GEORGIA  CONVENTION. 


10? 


proportion  to  its  power.  The  manufacturers  and  miners 
wisely  based  their  demands  upon  special  facts  and  reasons, 
rather  than  upon  general  principles,  and  thereby  mollified 
much  of  the  opposition  of  the  opposing  interest.  They 
pleaded  in  their  favor,  the  infancy  of  their  business  in  this 
country, the  scarcity  of  labor  and  capital,  the  hostile  legisla- 
tion of  other  countries  towards  them,  the  great  necessity  of 
their  fabrics  in  the  time  of  war,  and  the  necessity  of  high 
duties  to  pay  the  debt  incurred  in  our  war  for  independence  ; 
these  reasons  prevailed,  and  they  received  for  many  years 
enormous  bounties  by  the  general  acquiescence  of  the  whole 
country. 

But  when  these  reasons  ceased,  they  were  no  less  clamor- 
ous for  government  protection;  but  their  clamors  were  less 
heeded, — the  country  had  put  the  principle  of  protection 
upon  trial,  and  condemned  it.  After  having  enjoyed  pro- 
tection to  the  extent  of  from  fifteen  to  two  hundred  per 
cent,  upon  their  entire  business,  for  above  thirty  years,  the 
Act  of  1846  was  passed.  It  avoided  sudden  change,  but 
the  principle  was  settled,  and  free-trade,  low  duties,  and 
economy  in  public  expenditures  was  the  verdict  of  the 
American  people.  The  South,  and  the  Northwestern  States 
sustained  this  policy.  There  was  but  small  hope  of  its  re- 
rersal, — upon  the  direct  issue,  none  at  all.  All  these  classes 
saw  this,  and  felt  it,  and  cast  about  for  new  allies.  The 
anti-slavery  sentiment  ol  the  North  offered  the  best  chance 
for  success.  An  anti-slavery  party  must  necessarily  look  to 
the  North  alone  for  support  ;  but  a  united  North  was  now 
strong  enough  to  control  the  government  in  all  of  its  de- 
partments,  and  a  sectional  party  was  therefore  determined 
upon.  Time,  and  issues  upon  slavery,  were  necessary  to 
its  completion  and  final  triumph.  The  feeling  of  anti-*sla- 
very,  which  it  was  well  known  was  very  general  among 
the  people  of  the  North,  had  been  long  dormant  or  passive, 
— it  needed  only  a  question  to  arouse  it  into  aggressive  ac- 
tivity. This  question  was  before  us  :  we  had  acquired  a 
large  territory  by  successful  war  with  Mexico ;  Congress 
had  to  govern  it,  how — in  relation  to  slavery — was  the  ques- 
tion, then  demanding  solution.  This  state  of  facts  gave  form 
and  shape  to  the  anti-slavery  sentiment  throughout  the 
North,  and  the  conflict  began.    Northern  anti-slavery  men 


108 


JOURNAL  OF  THE 


of  all  parties  asserted  the  right  to  exclude  slavery  from  the 
territory  by  Congressional  legislation,  and  demanded  the 
prompt  and  efficient  exercise  of  this  power  to  that  end. 
This  insulting  and  unconstitutional  demand  was  met  with 
great  moderation  and  firmnesss  by  the  South.  We  had  shed 
our  blood  and  paid  our  money  for  its  acquisition  ;  we  de- 
manded a  division  of  it,  on  the  line  of  the  Missouri  restric- 
tion, or  an  equal  participation  in  the  whole  of  it.  These 
propositions  were  refused*  the  agitation  became  general, 
and  the  public  danger  great.  The  case  of  the  South  was 
impregnable.  The  price  of  the  acquisition  was  the  blood 
and  treasure  of  both  sections — of  all ;  and  therefore  it  be- 
longed to  all,  upon  the  principles  of  equity  and  justice. 
The  Constitution  delegated  no  power  to  Congress  to  exclude 
either  party  from  its  free  enjoyment ;  therefore,  our  right 
was  good,  under  the  Constitution.  Our  rights  were  further 
fortified  by  the  practice  of  the  government  from  the 
beginning.  Slavery  wras  forbidden  in  the  country  North- 
west of  the  Ohio  river,  by  what  is  called  the  Ordinance  of 
1787,  That  ordinance  was  adopted  under  the  old  confede- 
ration, and  by  the  assent  of  Virginia,  who  owned  and  ceded 
the  country;  and,  therefore,  this  case  must  stand  on  its  own 
special  circumstances.  The  government  of  the  United 
States  claimed  territory  by  virtue  of  the  treaty  of  1783 
with  Great  Britain;  acquired  territory  by  cession  from 
Georgia  and  North  Carolina;  by  treaty  from  France,  and 
by  treaty  from  Spain.  These  acquisitions  largely  exceeded 
the  original  limits  of  the  Republic.  In  all  of  these  acquisi- 
tions the  policy  of  the  government  wTas  uniform.  It  opened 
them  to  the  settlement  of  all  the  citizens  of  all  the  States 
of  the  Union.  They  emigrated  thither  with  their  property 
of  every  kind  (including  slaves), — all  were  equally  pro- 
tected by  public  authority  in  their  persons  and  property, 
until  the  inhabitants  became  sufficiently  numerous,  and 
otherwise  capable  of  bearing  the  burthens  and  performing 
the  duties  of  self-government,  when  they  w^ere  admitted 
into  the  Union,  upon  equal  terms  with  the  other  States,  with 
whatever  republican  constitution  they  might  adopt  for 
themselves. 

Under  this  equally  just  and  beneficent  policy,  law  and 
order,  stability  and  progress,  peace  and  prosperity  marked 


GEORGIA   COXVEXTIOX.  109 

every  step  of  the  progress  of  these  new  communities,  until 
they  entered  as  great  and  prosperous  commonwealths  into 
the  sisterhood  of  American  States.  In  1S20,  the  Xorth  en- 
deavored to  overturn  this  wise  and  successful  policy,  and 
demanded  that  the  State  of  Missouri  should  not  be  admitted 
into  the  Union,  unless  she  first  prohibited  slavery  within 
her  limits,  by  her  Constitution.  After  a  bitter  and  pro- 
tracted struggle,  the  North  was  defeated  in  her  special  ob- 
ject: but  her  policy  and  position  led  to  the  adoption  of  a 
section  in  the  law,  for  the  admission  of  Missouri,  prohibit- 
ing slavery  in  all  that  portion  of  the  territory  acquired 
from  France,  lying  Xorth  of  36  deg.  30  min.  Xorth  latitude, 
and  outside  of  Missouri.  The  venerable  Madison,  at  the 
time  of  its  adoption,  declared  it  unconstitutional;  Mr.  Jef- 
ferson condemned  the  restriction,  and  foresaw  its  conse- 
quences, and  predicted  that  it  would  result  in  the  dissolu- 
tion of  the  Union.  His  prediction  is  now  history.  The 
Xorth  demanded  the  application  of  the  principle  of  prohi- 
bition of  slavery  to  all  of  the  territory  acquired  from  Mex- 
ico, and  all  other  parts  of  the  public  domain,  then  and  in 
all  future  time.  It  was  the  announcement  of  her  purpose 
to  appropriate  to  herself  all  the  public  domain  then  owned 
and  thereafter  to  be  acquired  by  the  United  States.  The 
claim  itself  was  less  arrogant  and  insulting  than  the  reason 
with  which  she  supported  it.  That  reason  was  her  fixed 
purpose  to  limit,  restrain  and  finally  to  abolish  slavery  in 
the  States  where  it  exists.  The  South,  with  great  unani- 
mity, declared  her  purpose  to  resist  the  principle  of  prohi- 
bition to  the  last  extremity.  This  particular  question,  in 
connection  with  a  series  of  questions  affecting  the  same 
subject,  was  finally  disposed  of  by  the  defeat  of  prohibitory 
legislation. 

The  Presidential  election  of  1S52.  resulted  in  the  total 
overthrow  of  the  advocates  of  restriction  and  their  party 
friends.  Immediately  after  this  result,  the  anti-slavery  por- 
tion of  the  defeated  party,  resolved  to  unite  all  the  elements 
in  the  Xorth,  opposed  to  slavery,  and  to  stake  their  future 
political  fortunes  upon  their  hostility  to  slavery  everywhere. 
This  is  the  party  to  whom  the  people  of  the  Xorth  have 
committed  the  government.    They  raised  their  standard  in 


110 


JOURNAL  OF  THE 


lS56,and  were  barely  defeated;  they  entered  the  Presidential 
contest  again,  in  I860,  and  succeeded. 

The  prohibition  of  slavery  in  the  territories, hostility  to  it 
everywhere,  the  equality  of  the  black  and  white  races,  dis- 
regard of  all  constitutional  guarrantees  in  its  favor,  were 
boldly  proclaimed  by  its  leaders,  and  applauded  by  its  fol- 
lowers. 

With  these  principles  on  their  banners  and  these  utter- 
ances on  their  lips,  the  majority  of  the  people  of  the  North 
demand,  that  we  shall  receive  them  as  our  rulers. 

The  prohibition  of  slavery  in  the  territories  is  the  cardi- 
nal principle  of  this  organization. 

For  forty  years  this  question  had  been  considered,  and  de- 
bated in  the  halls  of  Congress,  before  the  people,  by  the 
press,  and  before  the  tribunals  of  justice.  The  majority  of 
the  people  of  the  North  in  I860,  decided  it  in  their  own  fa- 
vor. We  refuse  to  submit  to  that  judgment,  and  in  vindi- 
cation of  our  refusal,  we  offer  the  constitution  of  our  coun- 
try, and  point  to  the  total  absence  of  any  express  power  to 
exclude  us;  we  offer  the  practice  of  our  government,  for  the 
first  thirty  years  of  its  existence,  in  complete  refutation  of 
the  position  that  any  such  power  is  either  necessary  or  prop- 
er to  the  execution  of  any  other  power  in  relation  to  the 
territories.  We  offer  the  judgment  of  a  large  minority  of 
the  people  of  the  North,  amounting  to  more  than  one-third 
who  united  with  the  unanimous  voice  of  the  South  against 
this  usurpation  ;  and  finally,  we  offer  the  judgment  of  the 
Supreme  Court  of  tfie  United  States,  the  highest  judicial 
tribunal  of  our  country  in  our  favor.  This  evidence  ought 
to  be  conclusive,  that  we  have  never  surrendered  this  right ; 
the  conduct  of  our  adversaries  admonishes  us  that  if  we 
had  surrendered  it,  it  is  time  to  resume  it. 

The  faithless  conduct  of  our  adversaries,  is  not  confined 
to  such  acts  as  might  aggrandize  themselves  or  their  sec- 
tion of  the  Union  ;  they  are  content,  if  they  can  only  injure 
us.  The  constitution  declares,  that  persons  charged  with 
crimes  in  one  State  and  fleeing  to  another,  shall  be  deliver- 
ed up  on  the  demand  of  the  Executive  authority  of  the  State 
from  which  they  may  flee,  to  be  tried  in  the  jurisdiction 
where  the  crime  was  committed.  It  would  appear  difficult 
to  employ  language  freer  from  ambiguity ;  yet,  for  above 


GrE 0 R GrlA  C 0 N VEX TI 0 N . 


Ill 


twenty  years,  the  non-slaveholding  State,  generally,  have 
wholly  refused  to  deliver  up  to  us  persons  charged  with 
crimes  affecting  slave  property  ;  our  confederates,  with  pu- 
nic  faith,  shield  and  give  sanctuary  to  all  criminals,  who 
seek  to  deprive  us  of  this  property,  or  who  use  it  to  destroy 
us.  This  clause  of  the  constitution  has  no  other  sanction 
than  their  good  faith;  thai  is  withheld  from  us  ;  we  are 
remediless  in  the  Union  ;  out  of  it,  we  are  remitted  to  the 
laws  of  nations. 

A  similar  provision  of  the  Constitution  requires  them  to 
surrender  fugitives  from  labor.  This  provision  and  the  one 
last  referred  to,  were  our  main  inducements  for  confederat- 
ing with  the  Northern  States  ;  without  them,  it  is  histori- 
cally true,  that  we  would  have  rejected  the  Constitution. 
In  the  fourth  year  of  the  Republic,  Congress  passed  a  law  to 
give  full  vigor  and  efficiency  to  this  important  provision. 
This  act  depended  to  a  considerable  degree  upon  the  local 
magistrates  of  the  several  States  for  its  efficiency  ;  the  non- 
slaveholding  States  generally  repealed  all  laws  intended  to 
aid  the  execution  of  that  act,  and  imposed  penalties  upon 
those  citizens  whose  loyalty  to  the  Constitution,  and  their 
oaths,  might  induce  them  to  discharge  their  duty.  Congress 
then  passed  the  act  of  1850,  providing  for  the  complete  ex- 
ecution of  this  dutv  bv  Federal  Officers.  This  law  which 
their  own  bad  faith  rendered  absolutely  indispensable  for 
the  protection  of  constitutional  rights,  was  instantly  met 
with  ferocious  revilings,  and  all  conceivable  modes  of  hos- 
tility. The  Supreme  Court  unanimously,  and  their  own 
local  Courts,  with  equal  unanimity,  (with  the  single  and 
temporary  exception  of  the  Supreme  Court  of  Wisconsin,) 
sustained  its  constitutionality  in  all  of  its  provisions.  Yet 
it  stands  to-day  a  dead  letter,  for  all  practicable  purposes,  in 
every  non-slaveholding  State  in  the  Union.  We  have  their 
covenants,  we  have  their  oaths,  to  keep  and  observe  it,  but 
the  unfortunate  claimant,  even  accompanied  by  a  Federal 
Officer,  with  the  mandate  of  the  highest  judicial  authority 
in  his  hands,  is  everywhere  met,  with  fraud,  with  force,  and 
with  legislative  enactments,  to  elude,  to  resist  and  defeat 
him ;  claimants  are  murdered  with  impunity  ;  Officers  of 
the  law  are  beaten  by  frantic  mobs,  instigated  by  inflamma- 
tory appeals  from  persons  holding  the  highest  public  em- 


112 


JOURNAL  OF  THE 


ployment  in  these  States,  and  supported  by  legislation  in 
conflict  with  the  clearest  provisions  of  the  Constitution,  and 
even  the  ordinary  principles  of  humanity.  In  several  of  our 
confederate  States,  a  citizen  can  not  travel  the  high-way 
with  his  servant,  who  may  voluntarily  accompany  him,  with- 
out being  declared  by  law  a  felon,  and  being  subjected  to 
infamous  punishments.  It  is  difficult  to  perceive  how  we 
eould  suffer  more  by  the  hostility,  than  by  the  fraternity  of 
such  brethren. 

The  public  law  of  civilized  nations  requires  every  State 
to  restrain  its  citizens  or  subjects  from  committing  acts  in- 
jurious to  the  peace  and  safety  of  any  other  State,  and  from 
attempting  to  excite  insurrection,  or  to  lessen  the  security, 
or  to  disturb  the  tranquility  of  their  neighbors,  and  our 
Constitution  wisely  gives  Congress  the  power  to  punish  all 
offences  against  the  laws  of  nations. 

These  are  sound  and  just  principles  which  have  received 
the  approbation  of  just  men  in  all  countries,  and  all  centu- 
ries. But  they  are  wholly  disregarded  by  the  people  of  the 
Northern  States,  and  the  Federal  Government  is  impotent 
to  maintain  them.  For  twenty  years  past,  the  Abolitionists 
and  their  allies  in  the  Northern  States,  have  been  engaged 
in  constant  efforts  to  subvert  our  institutions,  and  to  excite 
insurrection  and  servile  war  amongst  us.  They  have  sent 
emissaries  among  us,  for  the  accomplishment  of  these  pur- 
poses. Some  of  these  efforts  have  received  the  public  sanc- 
tion of  a  majority  of  the  leading  men  of  the  Republican 
party  in  the  National  Councils,  the  same  men  who  are  now 
proposed  as  our  rulers.  These  efforts  have  in  one  instance 
led  to  the  actual  invasion  of  one  of  the  slave-holding  States, 
and  those  of  the  murderers  and  incendiaries,  who  escaped 
public  justice  by  flight,  have  found  '  fraternal  protection 
among  our  Northern  Confederates* 

These  are  the  men  who  say  the  Union  shall  be  preserved. 

Such  are  the  opinions  and  such  are  the  practices  of  the 
Republican  Party,  who  have  been  called  by  their  own  votes 
to  administer  the  Federal  Government  under  the  Constitu- 
tion of  the  United  States ;  wTe  know  their  treachery,  we 
know  the  shallow  pretences  under  which  they  daily  disre- 
gard its  plainest  obligations  ;  if  we  submit  to  them,  it  will 


GEOKGIA  CONVENTION.  113 

be  our  fault  and  not  theirs.  The  people  of  Georgia  have 
ever  been  willing  to  stand  by  this  bargain,  this  contract ; 
thev  have  never  sought  to  evade  any  of  its  obligations  ; 
they  have  never  hitherto  sought  to  establish  any  new  gov- 
ernment, thev  have  struggled  to  maintain  the  ancient  right 
of  themselves  and  the  human  race,,  through  and  by  that 
Constitution.  But  they  know  the  value  of  parchment  rights, 
in  treacherous  hands,  and  therefore,  they  refuse  to  commit 
their  own  to  the-  rulers  whom  the  North  offer  us.  Why  ? 
Because  by  their  declared  principles  and  policy,  they  have 
outlawed  three  thousand  millions  of  our  property  in  the 
common  territories  of  the  Union,  put  it  under  the  ban  of 
the  Republic  in  the  States  where  it  exists,  and  out  of  the 
protection  of  Federal  law  everywhere  ;  because  they  give 
sanctuary  to  thieves  and  incendiaries  who  assail  it  to  the 
whole  extent  of  their  power,  in  spite  of  their  most  solemn 
obligations  and  covenants  ;  because  their  avowed  purpose  is 
to  subvert  our  society,  and  subject  us,  not  onlv  to  the  loss 
of  our  property  but  the  destruction  of  ourselves,  our  wives 
and  our  children,  and  the  desolation  of  our  homes,  our  al- 
tars, and  our  firesides.  To  avoid  these  evils,  we  resume  the 
powers  which  our  Fathers  delegated  to  the  Government 
of  the  United  States,  and  henceforth  will  seek  new  safe- 
guards for  our  liberty,  equality,  security  and  tranquility.'5 

f  On  motion  of  Mr.  Nisbet,  10,000  copies  of  the  report 
were  ordered  to  be  printed  in  pamphlet  form,  for  the  use 
of  the  Convention. 

Mr.  Moor,  from  the  Committee  on  Enrolment,  made  the- 
following  report : 

The  Committee  on  Enrolment  report  that  they  have  en- 
rolled and  have  now  ready  for  the  signature  of  the  President 
the  following  ordinances,  to-wit : 

An  ordinance  to  adopt  certain  laws  of  the  late  United 
States. 

Also  an  ordinance  to  define  certain  offences  against  the 
State  of  Georgia. 

Also  an  ordinance  concerning  citizenship. 

S 


114 


J OUKNAL   OF  THE 


Whereupon  the  President  signed,  and  the  same  were  de- 
posited in  the  office  of  the  Secretary  of  State. 

Mr.  Wofford  offered  the  following  resolution,  wThich  was 
taken  up,  read,  and  adopted. 

"  Resolved,  That  the  Pension  Agent  of  the  United  States 
for  the  State  of  Georgia  be  requested  to  exercise  the  usual 
functions  of  his  agency,  until  further  instructed  by  this 
Convention/' 

Mr.  Johnson,  from  the  Committee  on  Enrolment,  made 
the  following  report : 

Mr.  President : — I  am  instructed  by  the  Committee  on 
Enrolment  to  report  as  duly  enrolled — 

An  ordinance  in  relation  to  oaths. 

An  ordinance  to  make  provisional  postal  arrangements  in 
Georgia,  and 

An  ordinance  in  reference  to  lands  heretofore  ceded  to  the 
late  United  States  of  America. 

Whereupon  the  President  signed,  and  the  same  were  de- 
posited in  the  office  of  the  Secretary  of  State. 

Mr.  Rice,  from  the  Committee  on  the  Constitution  of  the 
State  and  the  Constitution  and  Laws  of  the  United  States,  to 
whom  was  referred  an  ordinance  in  relation  to  the  Circuit 
and  District  Courts  of  the  United  States,  reported  the  fol- 
lowing : 

AN  ORDINANCE 

To  abolish  the  Circuit  and  District  Courts  of  the  United 
States  for  the  District  of  Georgia,  and  to  establish  other 
Courts  in  lieu  thereof,  and  to  continue  in  force  certain 
judgements  and  executions. 

The  2?eople  of  Georgia  in  Convention  assembled,  hereby  declare 
and  ordain, 

That  the  Circuit  and  District  Courts  of  the  late  United 
States  for  the  State  of  Georgia  be,  and  the  same  are  hereby 
abolished  as  Courts  of  the  said  United  States,  and  the  Dis- 
trict Courts  of  the  United  States  for  the  Northern  and 


GEORGIA  CONVENTION. 


115 


Southern  Districts  of  the  State  of  Georgia  are  hereby  re- 
established as  Courts  of  the  independent  State  of  Georgia, 
with  the  same  jurisdiction  and  powers  as  they  had  under 
the  laws  of  the  United  States,  except  so  far  as  the  same  are 
modified  by  the  ordinances  of  this  Convention. 

2.  The  commissions  of  all  the  judges  and  officers  of  said 
Courts  are  hereby  terminated.  And  the  Governor  of  this 
State  is  hereby  authorized  to  appoint  and  commission  a 
judge  and  other  officers  of  said  Courts  to  hold  their  com- 
missions until  the  further  action  of  this  Convention — the 
said  Judge  to  reside  in  or  near  the  city  of  Savannah  in  this 
State,  and  the  said  Judge  shall  receive  at  the  rate  of  twen- 
ty-five hundred  dollars  per  annum  as  his  salary. 

-3.  The  causes,  civil  and  criminal,  now  pending  in  the 
Circuit  Court  of  the  late  United  States  of  Georgia,  are 
hereby  transferred  to  the  District  Court  now  hereby  estab- 
lished for  the  Southern  District  of  Georgia,  and  the  said 
District  Court  shall  have  power  to  hear  and  determine  the 
same. 

4.  The  causes,  civil  and  criminal,  now  pending  in  the 
District  Courts  of  the  Northern  and  Southern  Districts  of 
Georgia  are  continued  without  prejudice  in  the  said  Courts 
now  hereby  established:  and  the  judgments  and  decrees 
heretofore  rendered  therein,  and  the  executions  issued  there- 
on, shall  lose  no  right,  lien  or  validity  by  the  operation  of 
this  ordinance  or  the  ordinance  of  secession,  but  shall  con- 
tinue in  force,  as  if  the  courts  remained  in  existence,  and 
the  stay  law  of  the  General  Assembly  of  1860  shall  apply 
to  the  judgments  and  proceedings  of  said  courts. 

5.  No  civil  suits  in  favor  of  citizens  of  other  States  shall 
be  instituted  in  said  Courts  until  the  further  orde  r  of  this 
Convention,  except  cases  of  admiralty  and  maritime  juris- 
diction. 

The  report  was  taken  up  and  agreed  to,  and  the  ordinance 
having  been  twice  read,  was  adopted. 

Mr.  Fleming  laid  upon  the  table  the  following  ordinance, 
which  was  read,  and  laid  on  the  table  till  after  the  recess. 


116 


JOURNAL   OF  THE 


AN  ORDINANCE 

To  alter  and  amend  the  first  section  of  the  third  article  of 
the  Constitution  of  Georgia. 

The  people  of  Georgia  in  Convention  assembled  do  declare  and 
ordain. 

That  so  much  of  the  first  section  of  the  third  article  of 
the  Constitution  of  Georgia,  as  is  in  the  following  words,  to 
wit :  "  The  Supreme  Court  shall  consist  of  three  Judges, 
who  shall  be  elected  by  the  Legislature,  for  such  term  of 
years  as  shall  be  prescribed  by  law,  and  shall  continue  in 
office  until  their  successors  shall  be  elected  and  qualified," 
shall  be  stricken  out,  and  the  following  inserted  in  lieu  and 
place  thereof,  to  wit : 

The  Supreme  Court  shall  consist  of  five  Judges,  who 
shall  be  appointed  by  the  Governor  of  the  State,  with  the 
advice  and  consent  of  two-thirds  of  the  Senate,  and  shall 
hold  their  office  during  good  behavior. 

And  be  it  further  enacted,  That  so  much  of  the  said  first 
section  ol  the  third  article  of  the  Constitution,  as  is  in  the 
following  words,  to-wit :  "  And  shall  sit  at  least  once  a 
year,  at  a  time  to  be  prescribed  by  law,  in  each  of  the  five 
judicial  districts,  to;be  hereafter  laid  off  and  designated  by 
the  Legislature  for  that  purpose,  at  the  most  central  point 
in  each  judicial  district,  or  at  such  other  point  in  each  dis- 
trict as  shall,  by  the  General  Assembly,  be  ordained  for 
the  trial  and  determination  of  writs  of  error  from  the  seve- 
ral Superior  Courts  included  in  each  judicial  district,"  shall 
be  stricken  out,  and  the  following  inserted  in  lieu  and  place 
thereof,  to-wit :  And  shall  sit  at  least  twice  a  year  at  Mill- 
edgeville;  or  wherever  the  Capitol  of  the  State  may  be,  for 
the  trial  and  [determination  of  writs  of  error,  from  the  sev- 
eral Superior  Courts  of  this  State. 

And  be  it  further  ordained,  That  so  much  of  the  said  first 
section  of  the  third  article  of  the  Constitution,  as  is  in  the 
following  words,  to-wit :  "  And  the  said  court  shall  at 
each  session,  in  each  district,  dispose  of  and  finally  deter- 
mine each  and  every  case  on  the  docket  of  such  court,  at 
the  first  term  after  such  writ  of  error  brought,"  shall  be 


GEORGIA  CONVENTION. 


117 


stricken  out,  and  the  following  inserted  in  lieu  thereof,  to- 
wit:  "  And  the  said  court  shall,  at  each  session,  hear  each 
and  every  case  on  the  docket,  unless  prevented  by  Provi- 
dential cause,  and  shall,  in  their  discretion,  dispose  of  and 
finally  determine  the  same,  either  at  the  first  or  second 
term  after  such  writ  of  error  brought,  and  no  decision  shall 
be  pronounced  orally,  but  each  and  every  decision  shall  be 
reduced  to  writing  and  submitted  to  the  other  Judges,  or  a 
majority  of  them  for  correction  and  approval  before  it  is 
pronounced." 

And  be  it  further  ordained,  That  so  much  of  the  said  first 
section  of  the  third  article  of  i;he  Constitution,  as  is  in  the 
following  words,  to-wit :  "  The  Judges  of  the  Superior 
Courts  shall  be  elected  for  the  term  of  lour  years,  and  shall 
continue  in  office  until  their  successors  shall  be  elected  and 
qualified,"  shall  be  stricken  out,  and  the  following  inserted  in 
lieu  thereof,  to-wit :  The  Judges  of  the  Superior  Courts 
shall  be  appointed  by  the  Governor,  with  the.  advice  and 
consent  of  two-thirds  of  the  Senate,  and  shall  continue  in 
office  during  good  behavior." 

Mr.  Hamilton  laid  on  the  table  the  following  ordinance, 
which  was  taken  up,  read  twice,  and  adopted : 

"  In  view  of  the  present  condition  of  the  country,  and 
the  alleged  apprehension  of  foreign  capitalists  as  to  the 
scarcity  of  capital  invested  in  this  State — 

Be  it  ordained,  That  to  encourage  the  manufacturing  and 
mining  and  other  permanent  improvements  of  this  State, 
this  Convention  does  hereby  declare  it  to  be  the  fixed  policy 
of  Georgia  to  protect'all  investments  already  made,  or  which 
may  be  hereafter  made  by  citizens  of  other  States,  in  mines 
or  manufacturing  in  this  State,  and  capital  invested  in  any 
other  permanent  improvement." 

Mr.  Bartow  laid  on  the  table  the  following  resolution, 
which  was  taken  up,  read,  and  adopted : 

Whereas,  Certain  patriotic  citizens  of  Georgia  and  South 
Carolina  placed  in  the  service  of  the  State  large  numbers 
of  their  slaves,  without  remuneration,  who  were  actively 
and  laboriously  employed  at  Fort  Pulaski  for  about  two 
weeks — 


118 


JOURNAL  OF  THE 


Be  it  resolved  by  the  "people  of  Georgia  in  Convention  assem- 
bled, That  the  Governor  be  requested  to  convey  to  each  of 
the  gentlemen  who  contributed  this  force,  the  thanks  of  this 
Convention  for  their  patriotic  action. 

And  be  it  further  resolved,  That  the  Governor  be  also  re- 
quested and  authorized  to  make  a  suitable  gratuity  in  money 
to  the  slaves  thus  employed. 

Mr.  Bartow  also  offered  the  following  : 

"An  ordinance  concerning  officers  of  the  militia" — which 
was  read  and  laid  on  the  table. 

Mr.  Singleton  laid  on  the  table  the  following  resolution* 
w^hich  was  taken  up,  read,  and  agreed  to  : 

"  Resolved,  That  the  Committee  on  Accounts,  at  their 
earliest  convenience,  make  a  report  providing  for  the  pay  of 
delegates  sent  by  this  Convention  to  Montgomery,  and 
Commissioners  sent  to  the  Slaveholding  States." 

Mr.  Whitehead's  resolution  relative  to  adjournment,  and 
the  re-assembling  ^of  this  Convention,  was  taken  up  and 
read. 

Mr.  Whitehead  moved  to  fill  the  blank  therein  with  the 
word  "  Savannah"  The  motion  was  lost.  The  word 
"Macon"  was  also  proposed,  which  was  lost.  The  blank 
was  then  filled  with  the  word  "  Milledgeville,"  and  the  reso- 
lution was  adopted. 

Mr.  Toombs,  from  the  "Committee  on  Federal  Relations," 
to  whom  was  referred  the  consideration  of  appointing  a 
Commissioner  from  Georgia  to  Kentucky,  reported  that  the 
committee  recommended  the  appointment  of  the  Hon.  W. 
C.  Daniell  to  that  State. 

The  report  was  taken  up  and  agreed  to. 

Mr.  Means  offered  the  following  resolution,  which  was 
taken  up,  read,  and  agreed  to  : 

"  Resolved,  That  the  Convention  signify  its  purpose  to 
encourage,  cherish,  and  advance,  by  all  legitimate  means  in 
their  power,  all  the  important  home  institutions  within  their 
limits,  whether  literary,  scientific,  mechanical,  agricultural, 
or  professional,  that  they  may  aid  in  developing  as  far  as 


GEORGIA  CONVENTION. 


119 


practicable,  the  moral  and  intellectual  resources  of  the  State 
to  sustain  her  present,  and  advance  her  future  fortunes." 

Mr.  Glenn,  of  Fulton,  offered  the  following  preamble  and 
resolutions  : 

Whereas,  Information  has  been  communicated  to  this 
Convention  of  the  death  of  the  Hon.  Charles  Murphy,  a 
delegate  elect  from  the  county  of  DeKalb.  which  occurred 
at  his  residence  on  the  morning  of  the  16th  instant. 

Be  it  resolved  unanimously.  That  this  Convention  do  hereby 
sympathize  with  the  family  of  the  deceased  in  their  sad  be- 
reavment,  and  deeply  regret  the  loss  of  his  services  to  the 
State  and  country. 

Resolved,  That  the  Secretary  furnish  a  certified  copy  of 
this  resolution  to  the  family  of  the  deceased. 

The  same  were  taken  up.  read,  and  made  the  special  order 
for  the  afternoon  of  this  day. 

The  President  laid  on  the  table  the  following  communi- 
cation from  the  Hon.  Thomas  Y.  Simons,  chairman  of  the 
Committee  on  Engrossed  Ordinances  and  Resolutions  of  the 
South  Carolina  Convention,  which  was  taken  up  and  read  : 

Charleston.  January  22,  1S61. 

To  the  Honorable  the  President  of  the  Convention  of  the  people 
of  Georgia: 

Sir  : — I  have  the  honor  herewith  to  transmit  to  you.  for 
the  use  of  the  distinguished  body  over  which  you  preside, 
printed  copies  of  the  following  documents,  adopted  by  the 
people  of  South  Carolina,  in  convention  assembled,  to-wit : 

1.  The  declaration  of  the  immediate  causes  which  induce 
and  justify  the  secession  of  South  Carolina  from  the  Fede- 
ral Union,  and  the  ordinance  of  secession. 

2.  The  address  of  the  people  of  South  Carolina,  assem- 
bled in  convention,  to  the  people  of  the  Slaveholding  States 
of  the  United  States. 

•3.  Report  on  the  address  of  a  portion  of  the  members  of 
the  General  Assembly  of  Georgia. 

4.  Reports  and  resolutions  providing  for  commissioners 
to  the  Slaveholding  States. 


120 


JOURNAL  OF  THE 


5.  The  correspondence  between  the  Commissioners  of  the 
State  of  South  Carolina  to  the  Government  at  Washington, 
and  the  President  of  the  United  States. 

The  noble  position  which  Georgia  has  taken  in  the  main- 
tenance of  constitutional  guarantee  and  right,  has  cheered 
the  hearts  and  nerved  the  arms  of  our  people  in  their  de- 
fence. 

In  the  earnest  hope  that  our  respective  commonwealths, 
having  cast  aside  the  yoke  of  a  hostile  section,  and  resumed 
their  separate  independence,  may  soon  be  united  with  their 
sisters  of  the  South  in  a  Confederacy  having  similar  insti- 
tutions to  protect,  and  similar  interests  to  promote,  and 
which  may  forever  stand  forth  as  at  once  the  emblem  and 
the  realization  of  a  government  of  liberty  without  licence, 
of  law  without  oppression,  and  of  philanthrophy  without 
fanaticism, 

I  am,  with  the  highest  regard  and  esteem, 
Your  obedient  servant, 

THOMAS  Y.  SIMONS, 
Chairman  Committee  on  Engrossed  Ordinances  and  Resolu- 
lutions. 

The  Convention  then  adjourned  till  4  o'clock  this  after- 
noon. 


4  o'clock  P.  M. 

Mr.  Briscoe,  from  the  committee  to  obtain  the  services  of 
a  suitable  clergyman  to  officiate  by  opening  the  daily  ses- 
sions of  this  Convention  with  prayer,  offered  for  adoption 
the  following  resolution  : 

"  Resolved,  That  the  thanks  of  this  Convention  are  due, 
and  are  hereby  tendered  to  the  Rev.  William  Flinn  and  the 
Rev.  H.  J  .  Adams  (residents  in  this  city)  for  their  accepta- 
ble services  to  this  Convention." 

The  resolution  was  taken  up,  read,  and  unanimously 
adopted. 

Mr.  Hill,  of  Troup,  moved  to  reconsider  so  much  of  the 
resolution  adopted  this  morning  relative  to  the  re-assem- 
bling of  this  Convention  at  "  Aiilledgeville"  after  the  recess. 

The  President  decided  that  the  motion  was  out  of  order. 


GEORGIA  CONVENTION. 


121 


Mr.  Hill  appealed  from  the  decision  of  the  Chair.  The 
appeal  was  sustained  by  the  Convention. 

Whereupon,  Mr.  Hill  moved  to  take  up  the  resolution, 
to  strike  out  "  Millcdgeville"  and  insert  "Savannah"  upon 
which  motion  the  yeas  and  nays  were  demanded  to  be  re- 
corded. 

The  yeas  are  137.    Nays  100,  to-wit : 

Those  who  voted  in  the  affirmative  are  Messrs. 

Adams  of  Camden,  Frier, 

Alexander  of  Fulton,  Furlow, 

Alexander  of  Upson,  Gaulden, 

Banks,  Gardner, 

Black,  Gholston, 

Blalock,  Glenn  of  Fulton, 

Brew  ton,  Glenn  of  Oglethorpe, 

Brown  of  Houston,  Glover, 

Brown  of  Marion,  Giles, 

Brown  of  Webster,  Gordon, 

Bullard,  Gunn, 

Bush,  Hamilton, 

Butts,  Hargroves, 

Calhoun,  Harvill, 

Cannon  of  Wayne,  Harris  of  Glynn, 


Henderson, 
Hendry, 
Hill  of  Harris, 
Hill  of  Troup, 
Hines, 
Hood, 
Howell, 

Hudson  of  Harris, 

Huggins, 

Hust, 

Johnson  of  Hall, 
Jones  of  Burke, 
Jones  of  Chatham, 
Kirkland, 
Lamb, 

Lattimer  of  Montgomery, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mabry  of  Heard, 


122 


JOURNAL  OF  THE 


McConnell  of  Catoosa,, 

McCulloch, 

McDowell, 

McLane, 

McLeod, 

Means, 

Mershon, 

Moore  of  Bulloch, 

Moor  of  Spalding, 

Morrow, 

Munnerlyn, 

Overstreet, 

Patterson, 

Phinizy  of  Monroe, 

Phinizy  of  Kichmond, 

Pitt  man, 

Pitts, 

PofFord, 

Porter, 

Poullain, 

Prescott, 

Price, 

Ramsey  of  Clinch, 

Ramsey  of  Muscogee, 

Richardson  of  Lee, 

Robinson, 

Roddey, 

Sherman, 

Shell, 

Slater, 

Skelton, 

Simms, 

Sirmons, 


Smith  of  Charlton, 

Smith  of  Johnson, 

Solomons, 

Spencer, 

Stapleton, 

Starr, 

Stephens  of  Monroe, 
Stephens  of  Pierce, 
Strickland  of  Tatnall, 
Teasley, 

Thomas  of  Dooly, 

Tidwell, 

Tillman, 

Tomlinson, 

Troup, 

Tucker  of  Colquitt, 

Tucker  of  Laurens, 

Turner  of  Wilcox, 

Usry, 

Varnadoe, 

Whitehead, 

Williams  of  Mcintosh, 

Williamson, 

Willis, 

Winn  of  Cobb, 

Wofford, 

Wood, 

Word, 

Wright, 

Yopp, 

Young  of  Gordon. 
Young  of  Irwin. 


Those  who  voted  in  the 

Adams  of  Putnam, 

Algood, 

Arnold, 

Bailey, 

Beasley, 

Beck, 

Bell  of  Forsyth, 

Beall  of  Troup, 

Benning, 

Bowen, 

Briscoe, 

Burnett, 


;ive  are  Messrs. 
Byrd, 

Cannon  of  Rabun, 

Chastain, 

Cheshier, 

Coleman, 

Corn, 

Crawford  of  Greene, 
Dabney, 

Davis  of  Putnam, 
Davenport  of  Clay, 
Day, 
Deupree, 


GEORGIA  CONVENTION. 


123 


Dickerson, 

Farnsworth, 

Fields, 

Fort  of  Stewart, 

Freeman, 

Gray, 

Graham, 

Hale, 

Hammond, 
Hansell, 

Harris  of  Hancock, 
Head, 

Herrington, 
Hilliard, 

Hudson  of  Gwinnett, 
Jackson, 

Johnson  of  Clayton, 

Johnson  of  Jefferson, 

Johnson  of  Oglethorpe, 

Kenan, 

Killgore, 

Kimsey, 

Knox, 

Lamar  of  Lincoln, 
Lamar  of  Bibb, 
Lester, 
Manson, 

Martin  of  Lumpkin, 

Martin  of  Merriwether, 

McConnell  of  Cherokee, 

McDaniel, 

McRae, 

Milton, 

Mitchell, 

Montgomery, 

Mounger, 

Neal  of  Talbot, 

Newton. 


Padget, 

Paris, 

Patrick, 

Pickett, 

Pierce, 

Poe, 

Ponder, 

Eeed, 

Reese, 

Reynolds, 

Rice, 

Rowe, 

Rutherford, 

Saffold, 

Sharpe, 

Sheffield  of  Calhoun, 
Sheffield  of  Early, 
Shropshire  of  Chattooga, 
Simmons  of  Gwinnett, 
Simmons  of  Pickens, 
Sisk, 

Smith  of  DeKalb, 
Smith  of  Talbot, 
Spence, 
Street, 

Strickland  of  Forsyth, 

Taliaferro, 

Trippe, 

Walton, 

Warner, 

Waterhouse, 

Webb, 

Wellborn, 

West, 

Whelchel, 

Willi  ngham, 

Williams  of  Chattooga, 

Williams- of  Harris,  ' 


Nisbet, 
So  the  motion  prevailed. 

Mr.  Johnson,  from  the  Committee  on  Enrolment, 
ed  as  duly  enrolled,  and  ready  for  the  signature 
President,  the  following  Ordinances  : 

An  Ordinance  to  make  provisonal  arrangements 
continuance  of  commercial  facilities  in  Georgia. 

An  Ordinance  in  relation  to  the  Circuit  and  District 
Courts  of  the  United  States  in  the  State  of  Georgia. 


rep  or  t- 
of  the 

for  the 


124 


JOURNAL    OF  THE 


An  Ordinance  to  protect  investments  of  Foreign  Capital. 

All  of  which  were  signed  by  the  President,  and  deposited 
in  the  office  of  the  Secretary  of  State. 

Mr.  Hill  of  Troup,  offered  the  following  resolution,  which 
was  taken  up,  read,  and  agreed  to  : 

"  Resolved,  That  the  delegates  to  this  Convention,  from 
the  county  of  Chatham,  be,  and  they  are  hereby  requested 
and  authorized  to  make  all  suitable  arrangements  for  the 
sittings  of  this  Convention  when  it  shall  assemble  after  the 
recess  in  the  city  of  Savannah." 

Mr.  Clarke  of  Dougherty,  offered  the  following  resolution, 
which  wTas  taken  up,  read  and  agreed  to. 

"  Resolved,  That  His  Excellency,  the  Governor,  be,  and  he 
is  hereby  authorized  to  advance  to  our  Commissioners  to 
the  several  States,  and  the  members  of  the  State  to  the 
Montgomery  Convention,  such  sums  as,  in  his  discretion 
may  be  necessary,  and  to  draw  his  warrant  on  the  Treasury 
for  the  same." 

Mr.  McLeod  of  Wilcox,  laid  on  the  table  a  preamble  and 
resolution,  which  was  taken  up,  read  and  referred  to  the 
Committee  on  Foreign  Eelations. 

Mr.  Glenn  of  Fulton,  offered  the  following  resolution: 

Resolved,  That  His  Excellency,  the  Governor,  be,  and  he 
is  hereby  requested  to  order  an  election  for  a  delegate  from 
the  county  of  DeKalb,  to  fill  the  vacancy  occasioned  by  the 
death  of  the  Hon.  Charles  Murphy,  deceased,  or  any  other 
vacancy  that  may  occur  after  giving  ten  days  notice  for  said 
election." 

The  resolution  was  taken  up,  read  and  adopted. 

Mr.  Bartow  offered  the  following  resolution : 

"  Resolved,  That  the  Messenger  and  Door  Keeper  of  this 
Convention  be  allowed  each,  eight  dollars  a  clay,  as  their 
compensation,  and  that  the  assistant  Door  Keeper  be  allow- 
ed two  dollars  a  day  while  on  duty." 

"The  resolution  was  taken  up,  read  and  adopted. 

The  special  order  of  the  afternoon,  to-wit : 

The  preamble  and  resolution  offered  by  Mr.  Glenn  of 


GEOKGIA  CONVENTION.  125 

Fulton,  relative  to  the  death  of  the  Hon.  Charles  Murphy, 
a  delegate  elect,  from  the  county  of  DeKalb,  was  taken  up, 
read,  and  unanimously  adopted. 

On  motion  of  Mr.  Kenan,  the  Convention  then  adjourned, 
subject  to  the  call  of  the  President,  or  in  the  event  of  his 
resignation  or  death,  to  the  call  of  the  Governor,  in  ac- 
cordance with  the  resolution  adopted  this  afternoon. 


126 


JOURNAL  OF  THE 


IN  SECRET  SESSION 

AT  MILLEDGEVILLE. 


THURSDAY,  JANUARY  24,  1861. 

The  Convention  met  in  secret  session. 

Mr.  Bartow,from  the  Committee  on  Military  Affairs,  made 
the  following  reports : 

First  : — 

AN  ORDINANCE 

Concerning  Officers  of  the  Army  and  Navy. 

Whereas,  certain  officers  of  the  Army  and  Navy  of  the 
United  States,  citizens  of  the  State  of  Georgia,  impelled  by 
patriotic  motives,  have  already  resigned  their  appointments, 
and  tendered  their  services  to  the  State ;  and  whereas,  oth- 
ers desire  to  make  the  same  tender. 

Be  it  ordained,  by  the  people  of  Georgia,  in  Convention  as- 
smbled, 

That  all  such  officers  who  have  resigned  for  the  purpose 
aforesaid,  or  have  made  such  offer,  and  all  those  on  the  ac- 
tive list  who  may  resign  and  make  such  tender  of  service 
within  such  time  as  circumstances  may  admit,|shall  be  receiv- 
ed into  the  service  of  the  State,  and  shall  be  appointed  and 
commissioned  by  the  Governor,  to  the  same  relative  rank 
in  the  Army  and  Navy  of  Georgia,  which  they  held  under 
the  Government  of  the  United  States,  and  shall  receive  the 
same  pay  from  their  entrance  into  service  as  they  were  en- 
titled to  at  the  time  of  their  resignations. 

Provided,  That  such  commissions  shall  not  extend  beyond 
the  time  at  which  a  Government  of  the  Southern  Seceding 
States  shall  be  established,  and  provided  further,  that  the 
Governor  of  this  State  shall  employ  such  officers  in  the  ser- 


GEORGIA  CONVENTION. 


127 


vice  to  which  they  may  be  respectively  attached,  in  such  a 
manner  as  in  his  judgment  the  public  exigences  may  re- 
quire. 

Second : 

AN  ORDINANCE 
To  provide  for  the  public  defence. 

Be  it  further  ordained  by  the  people  of  the  State  of  Georgia,  in 
Convention  assembled, 

That  the  Governor  of  this  State  is  hereby  authorized  to 
raise  and  equip  a  regular  military  force,  and  to  employ  the 
same  in  such  defensive  service  as  the  public  security  in  this 
or  neighboring  States  may  demand.  Such  regular  force 
shall  not  exceed  two  regiments  of  infantry,  or  infantry  and 
artillery  in  such  proportion  as  the  Governor  may  direct. 
The  Governor  as  Commander-in-Chief,  shall  appoint  and 
commission  the  necessary  officers  for  these  forces,  selecting 
as  far  as  practicable,  officers  of  the  United  States  Army,  who 
may  have  entered  the  service  of  this  State,  according  to 
their  relative  rank,  but  all  such  commissions  may  be  revok- 
ed whenever  a  Government  shall  be  established  by  the 
Southern  States  to  which  Georgia  shall  accede. 

And  be  it  farther  ordained,  That  for  the  regulation  of  all 
military  matters,  not  otherwise  provided  for  by  the  laws  of 
this  State,  the  articles  of  war,  and  the  army  regulations  de- 
clared and  established  by  the  United  States  Government,  as 
lately  existing,  are  hereby  adopted  as  far  as  applicable  to 
the  present  condition  of  this  State. 

Third: 

Resolved,  That  the  Governor  be  authorized  to  purchase 
for  the  defence  of  the  sea-board  of  Georgia,  two  propeller, 
or  other  steamers,  and  two  sailing  vessels,  of  light  draft,  to 
be  armed  and  manned  in  such  manner  as  their  tonnage  and 
capacity  may  require. 

The  reports  were  severally  taken  up,  read,  and  made  the 
special  order  of  the  day  to-morrow. 

The  Convention  then  went  into  open  session. 


128 


JOUKNAL   OP  THE 


FRIDAY,  JANUARY  25,  1861. 

The  Convention  met  in  Secret  Session. 
The  Journal  of  yesterday  was  read. 

SPECIAL  ORDER. 

The  special  order  of  the  day,  to-wit :  the  Resolutions  and 
Reports  of  Mr.  Bartow  from  the  Committee  on  Military 
affairs,  were  taken  up  for  consideration : 

On  motion  of  Mr.  Bartow,  the  Resolution  author- 
izing the  Governor  to  purchase,  for  the  defence  of  the  State, 
two  propeller  or  other  steamers,  and  two  sailing  vessels, 
was  taken  up,  and,  on  his  motion  recommitted  and  amended 
by  inserting  the  words  "or  procure,"  after  the  word  "pur- 
chase;" striking  out  the  word  "two"  and  inserting  "three;" 
and  striking  out  the  words  "and  two  sailing  vessels." 

He  also  moved  to  amend  the  same  by  inserting  the  fol- 
lowing additional  Resolution: 

Resolved,  That  the  Governor  be  requested  to  contract 
with  the  Cuba  Telegraph  Company,  for  the  construction  of 
branch  lines  from  the  mainland  to  Brunswick,  and  such 
other  place  on  the  coast  as  may  be  expedient  for  the  use  of 
the  State. 

The  amendments  were  received,  and  the  Resolutions  as 
amended  were  adopted. 

Mr.  Bartow  then  moved  to  take  up  the  Ordinance  for  the 
public  defence.  On  his  motion  the  same  was  recommitted 
for  amendment,  when  he  offered  the  following,  to  add  to 
the  second  section  the  words : 

"The  officers  and  enlisted  men  raised  by  this  Ordinance 
shall  receive  the  same  pay  and  emoluments  as  are  provided 
for  similar  service  by  the  Laws  of  the  United  States." 

The  amendment  was  received  and  the  Ordinance  was 
read  twice  and  adopted. 

He  then  moved  to  take  up  the  Ordinance  concerning 
officers  of  the  Army  and  Navy,  and  recommit  the  same  for 
amendment. 

The  Ordinance  was  amended  by  striking  out  the  first 


GEORGIA  CONVENTION.  129 

proviso,  to-wit :  "Provided,  That  such  commissions  shall 
not  extend  beyond  the  time  at  which  a  Government  of  the 
Southern  seceding  States  shall  he  established. 

The  amendment  was  received  and  the  Ordinance  having 
been  read  twice  was  adopted. 

Mr.  Bartow,  from  the  Committee  on  Military  affairs,  also 
reported  the  following  Resolutions,  which,  on  his  motion, 
were  taken  up,  read,  and  adopted,  to-wit : 

"Whereas,  The  present  attitude  of  the  State  of  Georgia 
requires  that  she  should  be  put  immediately  in  a  state  of 
defence,  and  this  military  preparation  demands  prompt 
action  and  sound  organization,  both  for  efficiency  and 
economy. 

Be  it  Resolved,  That  the  Governor  be,  and  he  is  hereby 
empowered  to  employ  such  a  military  staff  as  may  be 
necessary  for  effecting:  an  organization,  and  introducing:  a 
sound  system  of  administrative  accountability. 

Be  it  further  Resolved,  That  these  appointments  shall  be 
temporary,  until  such  time  as  the  Southern  seceding  States 
shall  establish  a  Government,  and  provide  a  Military  Es- 
tablishment for  their  common  defence,  and  that  the  officers 
so  appointed  shall  keep  their  offices  at  such  points,  to  be 
stationed  in  such  manner  as  the  Governor  and  Commander- 
in-Chief  may  direct." 

On  motion  of  Mr.  Bartow  the  foregoing  Ordinances  and 
Resolutions  were  ordered  to  be  enrolled,  and  when  signed 
by  the  President,  to  be  delivered  to  the  Governor. 

The  Convention  then  went  into  Open  Session. 


9 


PROCEEDINGS  OF  THE  CONVENTION, 

AT  SAVANNAH, 

In  Open  Session. 


SAVANNAH,  GEORGIA, 
March  7th,  1861. 

The  Convention,  in  accordance  with  the  Proclamation 
of  the  President,  under  its  resolution  at  Milledgeville  to 

take  a  recess,  met  this  day  at  the  hour  of  12  o'clock,  M.,  in 

this  city,  and  was  opened  with  prayer  by  the  Rev.  Mr. 
Caldwell. 

A  quorum  being  present,  the  journal  of  its  last  day's 
proceedings  at  Milledgeville  was  read. 

Mr.  Hood  offered  the  following  resolution  : 

Resolved,  That  the  President  of  this  Convention  do  take 
the  following  oath  :  "  I  do  solemnly  swear  that  I  will  sup- 
port, maintain,  and  defend  the  Constitution  of  the  Provis- 
ional Government  of  the  Confederate  States  of  America  to 
the  best  of  my  ability,  so  help  me  God" — before  the  Hon. 
William  B.  Fleming,  Judge  of  the  Superior  Courts  of  the 
Eastern  District ;  and  that,  thereupon,  the  President  ad- 
minister the  same  oath  to  each  of  the  members  of  this 
Convention,  the  Secretary  and  assistant  Secretary. 

The  resolution  was  taken  up,  read  and  disagreed  to. 

Mr.  Smith,  of  DeKalb,  offered  the  following  resolution, 
which  was  taken  up,  read,  and  adopted. 

Resolved,  That  the  name  of  P.  F.  Hoyal  be  enrolled  as  a 


.  132  JOUENAL  OF  THE 

member  of  this  Convention,  and  that  he  be  allowed  to  take 
his  seat  in  the  same. 

Mr.  Saffold  offered  the  following  resolution,  which  was 
taken  up,  read  and  adopted  : 

Resolved,  That  the  Messenger  of  the  Convention  be 
authorized  to  distribute,  in  equal  proportion,  to  each  mem- 
ber of  the  Convention,  the  printed  address  of  the  "  Commit- 
tee of  seventeen." 

Mr.  Hamilton,  of  Lumpkin  offered  the  following  resolu- 
tion : 

Whereas,  It  will  become  necessary  for  the  Confederate 
States  of  America  to  select  a  location  for  a  National  Capi- 
tol.   Be  it,  therefore, 

Resolved,  That  the  Governor  of  this  State  be,  and  he  is 
hereby  authorized  to  furnish,  free  of  charge,  any  such  loca- 
tion that  might  be  made  in  this  State. 

The  resolution  was  taken  up,  read  and  lost. 

Mr.  Garvin,  from  a  minority  of  the  Committee  on  Ee- 
duction  of  the  General  Assembly,  offered  the  following  as 
a  substitute  for  the  previous  report  of  said  Committee, 
to-wit : 

AN  ORDINANCE 

To  alter  the  3d  and  7th  sections  of  the  1st  Article  of  the 
Constitution  of  the  State  of  Georgia. 
"The  Senate  shall  consist  of  forty  members;  four  from 
each  Senatorial  District.    There  shall  be  ten  districts  ar- 
ranged as  follows : 

The  First  District  shall  be  composed  of  the  counties  of 
Appling,  Bryan,  Bulloch,  Chatham,  Camden,  Charlton, 
Clinch,  Coffee,  Effingham,  Emanuel,  Glynn,  Liberty,  Mcin- 
tosh, Montgomery,  Pierce,  Scriven,  Telfair,  Tatnail,  Ware, 
and  Wayne. 

The  Second  District  shall  be  composed  of  the  counties  of 
Baker,  Berrien,  Brooks,  Calhoun,  Clay,  Colquitt,  Dooly, 
Decatur,  Dougherty,  Early,  Echols,  Irwin,  Lee,  Lowndes, 
Mitchell,  Miller,  Randolph,  Terrell,  Thomas,  Wilcox,  and 
Worth. 


GEORGIA  CONVENTION. 


The  Third  District  shall  be  composed  of  the  counties  of 
Chattahoochee.  Harris.  Muscogee,  Marion.  Macon,  Quit- 
man, Stewart,  Sumter,  Schley,  Taylor,  Talbot  and  Web- 
ster. 

The  Fourth  District  shall  be  composed  of  the  counties  of 
Baldwin,  Bibb,  Crawford,  Jones,  Jasper,  Houston,  Laurens, 
Putnam,  Pulaski,  Twiggs,  and  Wilkinson. 

The  Fifth  District  shall  be  composed  of  the  counties  of 
Burke,  Columbia,  Glasscock,  Hancock,  Jefferson,  Johnson, 
Lincoln,  Richmond,  Warren,  Wilkes,  and  Washington. 

The  Sixth  District  shall  be  composed  of  the  counties  of 
Clarke,  Elbert,  Franklin,  Greene,  Hart,  Madison,  Morgan, 
Newton,  Oglethorpe,  Taliaferro,  and  Walton. 

The  Seventh  District  shall  be  composed  of  the  counties 
of  Butts,  Clayton,  Fayette,  Henry,  Meriwether,  Monroe, 
Pike,  Spalding,  Troup,  and  Upson. 

The  Eighth  District  shall  be  composed  of  the  counties  of 
Campbell,  Carroll,  Cobb,  Coweta,  DeKalb,  Fulton,  Haral- 
alson,  Heard,  Paulding,  and  Polk. 

The  Ninth  District  shall  be  composed  of  the  counties  of 
Banks,  Cherokee,  Dawson,  Forsyth,  Gwinnett,  Habersham, 
Hall,  Jackson,  Lumpkin,  Milton,  Pickens,  Rabun,  Towns, 
Union,  and  White. 

The  Tenth  District  shall  be  composed  of  the  counties  of 
Cass,  Catoosa,  Chattooga,  Dade,  Fannin,  Floyd,  Gordon, 
Gilmer,  Murray,  Walker,  and  Whitfield. 

At  the  first  election  held  under  this  Ordinance  there  shall 
be  four  Senators  elected  from  each  Senatorial  District,  two 
of  whom  shall  hold  their  office  for  two  years,  and  two  for 
four  years,  and  the  first  Senators  elected  for  each  District, 
shall  be  divided  into  two  classes  by  lot.  as  soon  as  the 
Senate  shall  convene  and  organize. 

At  every  subsequent  election  which  shall  be  held  bien- 
nially, each  district  shall  elect  two  Senators,  who  shall 
hold  their  office  for  four  years.  After  each  future  enumera- 
tion of  the  inhabitants  of  the  State,  made  under  the  Laws 
and  Constitution  thereof,  the  General  Assembly,  at  its  next 
session,  may  arrange  the  foregoing  Senatorial  Districts  in 
such  manner  as  will,  as  nearly  as  practicable,  give  to  each 
an  ecjual  representative  population. 


JOURNAL  OF  THE 


The  House  of  Representatives  shall  be  elected  biennially, 
and  shall  consist  of  one  hundred  and  thirty-two  members ; 
each  county  shall  have  one  representative. 

These  amendments  shall  be  submitted  for  ratification  to 
the  people  of  this  State,  at  an  election  to  be  holden  on  the 
first  day  of  July  next,  which  shall  be  managed  and  con- 
ducted  in  the  usual  manner  now  established  by  law.  Each 
voter  shall  endorse  on  his  ticket  the  words,  "  Ratification" 
or  "No  Ratification."  The  managers  in  each  county  shall 
make  returns  in  the  maimer  now  prescribed,  to  His  Excel- 
lency the  Governor,  who  shall  add  up  all  the  returns,  and 
by  proclamation  on  or  before  the  first  of  August  next  en- 
suing announce  the  result.  If  a  majority  of  votes  be  given 
for  ratification,  the  election  in  October  next  for  members  of 
the  General  Assembly  shall  be  held  according  to  this 
amendment,  and  the  Governor  shall  so  announce  in  his  said 
proclamation. 

The  report  was  taken  up,  and  read,  and  500  copies 
ordered  to  be  printed. 

Mr.  Shropshire,  of  Floyd,  moved  to  commit  the  forego- 
ing to  the  Committee  on  Reduction,  and  also,  to  recommit 
the  original  report  and  substitute  to  the  same  Committee. 

The  motion  was  agreed  to. 

Mr.  Bell  of  Forsyth,  offered  the  following  resolution  : 

Resolved,  That  the  people  of  Georgia  in  Convention 
assembled,  most  heartily  approve  the  election  by  the  Con- 
gress at  Montgomery,  of  the  Hon.  Jefferson  Davis  to  the 
Presidency,  and  the  Hon.  A.  H.  Stephens  to  the  Vice  Presi- 
dency of  the  Provisional  Government  of  the  Confederate 
States  of  America,  the  duties  of  which  position  their  dis- 
tinguished public  services,  and  acknowledged  abilities  emi- 
nently qualify  them  to  discharge. 

The  resolution  was  taken  up,  read,  and  unanimously 
adopted. 

On  motion  of  Mr.  Crawford  of  Greene,  the  Secretary  of 
the  Convention  wras  directed  to  transmit  a  copy  of  the 
foregoing  to  the  Congress  of  the  Confederate  States  of 
America. 


GEORGIA  CONVENTION. 


135 


Mr.  Johnson  of  Clayton,  offered  the  following  resolution, 
which  was  taken  up,  read,  and  agreed  to. 

Resolved,  That  Reporters  of  newspapers  be  allowed  seats 
on  the  floor  of  this  Convention,  when  in  open  session,  and 
that  the  Door  Keeper  and  Messenger  provide  seats  for  the 
same. 

Mr.  Tidwell  offered  the  following  resolution,  which  was 
taken  up,  read,  and  agreed  to  : 

Resolved,  That  Dr.  P.F.  Hoyal,  a  delegate  elect,  from  the 
county  of  DeKalb,  to  fill  the  vacancy  occasioned  by  the 
death  of  the  Hon.  Charles  Murphy,  be  allowed  to  sign  the 
Ordinance  of  Secession,  as  a  delegate  from  said  county  of 
DeKalb. 

The  President  laid  upon  the  table  communications  from 
the  Governor  of  New  York,  in  reference  to  the  resolution 
of  this  Convention  in  relation  to  the  seizure  of  Fort  Pu- 
laski, and  from  the  Governors  of  Maryland  and  Alabama, 
acknowledging  the  receipt  of  a  copy  of  the  Ordinance  of 
Secession  of  this  State,  which  were  read  by  the  Secretary. 

The  President  also  laid  upon  the  table  communications 
from  Dr.  Wm.  C.  Daniell,  the  Commissioner  from  this  State 
to  the  State  of  Kentucky ;  and  from  D.  C.  Campbell,  Esq., 
the  Commissioner  from  this  State  to  the  State  of  Delaware? 
which  were  read  by  the  Secretary. 

The  Convention  then  adjourned  till  11  o'clock,  to-mor- 
row morning. 


FRIDAY,  MARCH  8,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Landram. 

A  quorum  being  present,  the  journal  of  yesterday  was 
read. 

Mr.  Crawford,  of  Greene,  offered  the  following  preamble 
and  resolution,  which  were  read: 

Whereas,  During  her  connection  with  the  late  United 


136 


JOURNAL  OF  THE 


States,  the  State  of  Georgia  was  dependent  upon  the  North- 
ern States  for  her  school  books,  and  this  dependence  still 
continues;  and  whereas,  it  is  important  that,  in  all  matters 
pertaining  to  education,  the  South  should  be  independent  of 
her  late  confederates.  Therefore,  to  aid  in  effecting  this  de- 
sirable object — 

Be  it  resolved  by  the  Convention  of  the  people  of  Georgia,  That 
His  Excellency,  the  Governor,  be  requested  to  offer  a  prize 
of  five  hundred  dollars  each  for  the  following  works,  to  be 
written'  or  compiled  by  citizens  resident  in  the  Confederate 
States  of  America,  viz :  A  Spelling  Book  for  the  use  of 
Common  Schools  ;  an  Arithmetic  ;  an  English  Grammar  ; 
a  Geography,  and  two  Reading  Books,  one  for  beginners, 
and  one  for  more  advanced  scholars ;  the  prize  to  be  awar- 
ded by  a  committee  appointed  by  the  Governor,  and  the 
books  selected  to  be  published  and  printed  within  the  Con- 
federacy, and  the  copy  right  to  be  owned  or  disposed  of  by 
the  authors  or  compilers  of  the  several  books. 

Mr.  Robertson,  of  Wilkes,  offered  the  following  resolu- 
tion, which  was  read  : 

Resolved,  That  the  Governor  be  requested  to  communi- 
cate to  the  Convention  what  provision  he  has  made  for  the 
defence  of  the  State  against  invasion  ;  the  number  and  char- 
acter of  the  arms  distributed,  and  at  what  points,  and  the 
amount  which  has  been  expended  for  the  same. 

Mr.  Benning  offered  the  following  propositions  as  a  sub- 
stitute for  the  third  and  seventh  sections  of  the  first  article  of 
the  Constitution  of  Georgia  : 

The  Senate  shall  consist  of  thirty-two  members  ;  four 
for  each  Congressional  district,  as  it  shall  exist  at  the  time 
of  their  election.  Each  Congressional  district  shall,  by  its 
elections  biennially  on  the  first  Wednesday  in  October  next, 
elect  its  four  members  in  the  mode  prescribed  by  the  present 
law,  until  that  law  may  be  changed  by  the  Legislature. 

The  House  of  Representatives  shall  consist  of  sixty-four 
members,  eight  for  each  Congressional  district,  as  it  shall 
exist  at  the  time  of  their  election.  Each  Congressional  dis- 
trict shall,  by  its  electors,  biennially,  on  the  first  Wednes- 
day of  October,  elect  its  eight  members,  in  the  mode  pre- 


GEORGIA  CONVENTION. 


137 


scribed  by  the  present  law,  until  that  mode  may  be  changed 
by  the  Legislature. 

And  on  Mr.  Benning's  motion  the  same  was  referred  to 
the  "  Committee  on  the  Reduction  of  the  General  Assem- 
bly." 

Mr.  Rice,  of  Cobb,  offered  the  following  resolution  which 
was  taken  up  and  read  : 

Resolved,  That  a  committee  of  seven  be  appointed  to  ex- 
amine into  the  condition  of  the  defences  of  the  city  of  Sa- 
vannah and  its  approaches ;  to  inquire  what  additional 
defence,  if  any,  may  be  necessary,  and  to  report  to  the  Con- 
vention at  the  earliest  possible  day. 

Mr.  Styles  moved  to  lay  the  same  upon  the  table  for  the 
balance  of  the  session — pending  which, 

On  motion  of  Mr.  Varnadoe,  the  resolution  was  laid  on 
the  table  for  the  present. 

Mr.  Hood  laid  on  the  table  the  following  ordinance,  which 
was  read,  and,  on  his  motion,  was  referred  to  the  "Commit- 
tee on  the  Constitution  of  the  State,  and  the  Constitution 
and  Laws  of  the  United  States:" 

AN  ORDINANCE 

In  relation  to  citizens  of  Georgia  holding  offices  under  the 
Government  of  the  late  United  States. 

1st.  Be  it  ordained  by  the  people  of  Georgia  in  Convention  as- 
sembled, 

That  from  and  after  the  j)assage  of  this  ordinance,  any 
person  who  now  resides  in  Georgia,  or  who  was  at  the  date 
of  his  appointment  a  citizen  of  Georgia,  or  who  received  his 
appointment  as  a  citizen  of  Georgia,  and  who  now  holds 
any  office  or  appointment  under  the  Government  of  the 
late  United  States,  either  civil  or  military,  of  honor  or  profit, 
(other  than  persons  connected  with  the  postal  service,  and 
who  actually  reside  in,  and  perform  the  service  within  the 
limits  of  the  State,)  and  who  shall  not  resign  the  office  or 
appointment  so  held  within  ten  days  after  a  knowledge  of 
the  passage  of  this  ordinance,  shall  forfeit  his  citizenship, 
and  shall  never  hereafter  be  a  citizen  of  this  State. 


138 


JOURNAL  OF  THE 


2nd.  Be  it  further  ordained,  That  in  the  event  of  a  hostile 
demonstration  by  the  Government  of  the  late  United  States 
against  the  Confederate  States  of  America,  or  any  one  of 
them,  then,  and  in  that  event,  all  property  or  estate,  real 
or  personal,  belonging  to  any  such  officer,  civil  or  military, 
who  shall  have  continued  to  adhere  to  the  said  government 
of  the  United  States,  after  notice  as  herein  before  provided 
for,  shall  forever  forfeit  all  of  his  said  estate,  real  or  per- 
sonal, to  the  State  of  Georgia ;  the  said  property  to  be 
forfeited  and  confiscated  in  any  county  in  which  the  said 
property,  or  any  portion  of  it,  may  be  situate — the  same  to 
be  forfeited  in  an  action  in  the  nature  of  an  information — 
one  half  thereof  to  the  State,  and  the  other  half  to  the  in- 
former. 

3rd.  Be  it  further  ordained.  That  in  the  event  no  person 
shall  make  information  thereof,  it  shall  be  the  duty  of  the 
Grand  Jury  of  the  county  to  enquire  into  the  matter,  and 
require  the  Attorney  or  Solicitor  General  of  the  circuit  to 
prosecute  the  same  to  judgment,  and,  in  that  event,  one  half 
thereof  shall  go  to  the  county,  and  the  other  half  to  the 
State. 

4th.  Be  it  farther  ordained,  That  should  the  question  of 
notice  as  prescribed  for  in  the  first  section  of  this  ordinance 
arise,  it  shall  not  be  necessary  to  prove  actual  notice  to  the 
said  officer,  but  it  shall  be  held  and  construed  to  mean  ten 
days  after  reasonable  time  shall  have  elapsed  to  receive 
such  information  by  due  course  of  mail. 

Mr.  Styles  offered  the  following  resolution,  which  was 
taken  up  and  read  : 

Resolved,  That  the  Secretary  be  instructed  to  appoint  a 
page  for  the  convenience  of  this  Convention. 

Mr.  Fouche  moved  to  insert  "  two  pages"  instead  of  a 
pager 

The  motion  was  lost. 

The  motion  to  adopt  the  resolution  was  also  lost. 

The  ordinance  offered  by  Mr.  Fleming  "to  alter  and  amend 
the  first  section  of  the  third  article  of  the  Constitution  of 


GEORGIA  CONVENTION. 


139 


Georgia,"  was  taken  up,  and,  on  motion  of  Mr.  Eamsey, 
was  referred  to  the  "  Committee  on  the  Constitution  and 
Laws  of  the  State,  and  the  Constitution  of  the  United 
States." 

The  report  of  Mr.  Clarke,  from  the  Committee  on  the 
Constitution  and  Laws  of  the  State,  and  the  Constitution 
of  the  United  States,"  to- wit :  A  preamble  and  resolutions 
in  relation  to  reprisals — was  taken  up,  and  recommitted  to 
the  same  committee. 

The  report  of  Mr.  Cobb,  from  the  Commmittee  on  the 
"  Constitution  and  Laws  of  the  State,  and  the  Constitution 
of  the  United  States,"  to-wit :  The  "  Bill  of  Eights"— was 
taken  up,  and,  on  motion,  was  postponed  for  the  present. 

Mr.  Anderson's  preamble  and  resolutions  in  relation  to 
"  Direct  Trade,"  was  taken  up,  and  on  motion  of  Mr.  Styles, 
was  postponed  for  the  present. 

Leave  of  absence  was  granted  to  Messrs.  Porter,  Bailey, 
and  Wofford  for  a  few  days. 

On  motion  of  Mr.  Eice,  the  Convention  then  went  into 
secret  session,  and  having  spent  some  time  therein,  the 
Convention  adjourned  till  eleven  o'clock  to-morrow  morn- 
ing. 


SATUEDAY,  MAECH  9,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Eev.  Mr.  Crawford. 

A  quorum  beiug  present  the  journal  was  read. 

On  motion,  the  journal  of  yesterday  when  in.  secret  ses- 
sion, was  read,  secrecy  having  been  removed  from  the  pro- 
ceedings of  the  Convention  of  that  day. 

The  President  announced  the  following  committee  in  ac- 
cordance with  the  resolution  of  Mr.  Eice  adopted  on  yester- 
day relative  to  the  defence  of  Savannah,  and  its  approaches, 
to-wit  : 


140 


JOURNAL  OF  THE 


Messrs.  Rice,  Varnadoe,  Burnett,  Gaul  den,  Williams,  of 
Mcintosh,  Giles,  and  Alexander,  of  Upson. 

The  President  laid  on  the  table  a  communication  from 
Messrs.  Toombs,  Nisbet,  Stephens,  Bartow,  Hill,  and  Cobb, 
delegates  to  the  Congress  at  Montgomery,  and  members  of 
this  Convention  explanatory  of  their  absence. 

He  also  laid  on  the  table  a  communication  from  General 
John  W.  A.  Sanford,  Commissioner  from  Georgia  to  Texas, 
which,  was  read,  and  on  motion  of  Mr.  Alexander,  of  Upson, 
was  laid  on  the  table. 

Mr.  Varnadoe  offered  the  following  preamble  and  resolu- 
tion, which  were  taken  up  and  read  : 

Whereas,  General  David  E.  Twiggs,  late  of  the  United 
States  Army,  actuated  by  a  sense  of  duty  and  patriotism, 
and  in  obedience  to  the  allegiance  due  his  native  State,  de- 
livered upon  demand  to  the  regularly  constituted  authori- 
ties of  the  independent  State  of  Texas,  all  the  property  of 
the  late  United  States  Government  under  his  control,  and 
ordered  its  troops  beyond  the  borders  of  said  State. 

Resolved,  That  this  Convention  indorse,  approve,  and 
ratify  his  conduct  in  the  premises,  and  recognize  in  him  a 
brave  and  honorable  scldier,  and  a  worthy  and  patriotic  son 
of  Georgia. 

Mr.  Alexander,  of  Upson,  offered  the  following  amend- 
ment to  the  foregoing : 

Resolved,  That  neither  General  Twiggs,  nor  Colonel 
Hardee,  requires  any  vindication  among  their  old  friends 
and  neighbors  in  Georgia.  Their  defence  may  be  found 
written  by  the  point  of  the  sword  upon  the  battle-fields  of 
their  country,  and  upon  the  scarred  forms  of  her  enemies  ; 
yet  this  Convention  but  yields  to  a  natural  impulse  when 
it  expresses  the  scorn  with  which  the  people  of  Georgia 
look  upon  all  attempts  on  the  part  of  an  abolition  press,  and 
a  venal  and  fanatical  government  to  tarnish  their  fame,  and 
to  filch  from  them  the  rewards  of  long  lives  of  glorious 
deeds  and  heroic  doings. 

The  amendment  was  received,  and  the  resolution,  as 
amended,  was  unanimously  adopted. 


GEORGIA  CONVENTION. 


141 


Mr.  Tidwell,  from  the  Committee  on  Military  Affairs, 
made  the  following  report : 

Whereas,  by  an  ordinance  passed  by  this  Convention,  Of- 
ficers of  the  Army  and  Navy  of  the  late  United  States,  were 
to  be  received  upon  their  resignation,  into  the  Army  of 
Georgia,  with  the  same  rank  and  pay.  In  conformity  with 
this  ordinance,Major  Myers,  a  Paymaster  in  the  Navy  of  the 
late  United  States,  was  appointed  Paymaster  by  the  Gov- 
ernor, and  transferred  to  the  Pay  Department  of  the  Army 
of  Georgia : 

And  whereas,  by  an  Act  passed  ,by  the  Congress  of  the 
Confederate  States,  organizing  the  Staff  of  the  Army,  no 
mention  is  made  of  Paymasters ;  Quarter-masters,  by  this 
act,  are  to  do  the  duties  of  Paymasters.  We,  therefore, 
recommend  Major  Myers  for  the  position  of  Quarter  master 
in  the  Army  of  the  Confederate  States,  with  the  rank  as 
held  by  him  in  the  Army  of  Georgia  ;  and  that  the  Secre- 
tary of  this  Convention  be  instructed  to  forward  a  copy  of 
this  recommendation  to  the  Secretary  of  War. 

The  report  was  taken  up,  read  and  adopted. 

Mr.  Tidwell  offered  the  following  resolution,  which  was 
taken  up  and  read  : 

Resolved,  That  the  thanks  of  this  Convention,  are  due 
and  hereby  tendered  to  R.  R.  Cuyler,  the  President  of  the 
Central  Railroad,  together  with  the  Directors  thereof,  for 
their  kindness  and  liberality  in  presenting  to  the  delegates 
and  officers  of  this  Convention,  free  tickets  over  said  road,  to 
and  from  the  city.  Also  to  the  city  authorities  for  their 
liberality  and  kindness  in  furnishing  the  Convention  with 
the  large  and  comfortable  Hall  which  it  now  occupies. 

Resolved,  That  said  President  and  Directors,  with  the 
Mayor  and  Aldermen  of  the  city  of  Savannah,  be  invited  to 
seats  in  this  Convention. 

Resolved,  That  the  Secretary  give  to  the  said  President 
and  Mayor  notice  of  these  resolutions. 


142 


JOURNAL  OF  THE 


Various  amendments  to  the  same  were  offered  by  Messrs. 
Hood,  Garvin,  and  Gaulden,  pending  the  consideration  of 
which,  on  motion,  the  resolutions  and  amendments  were  re- 
ferred to  a  committee  of  five  to  report  thereon,  to-wit: 

Messrs.  Tidwell, 
Garvin, 
Hood, 

Gaulden  and 
Martin  of  Elbert. 

The  resolution  of  Mr.  Crawford,  of  Greene,  laid  on  the 
table  on  yesterday,  relative  to  school  books  of  the  Confede- 
rate States  of  America  ,  was  taken  up  and  read. 

Mr.  Fouche  offered  the  following  as  a  substitute  for  the 
same,  to-wit : 

Whereas,  the  frequent  change  of  text-books  in  our  schools, 
is  not  only  a  source  of  great  and  unneccessary  expense  to 
the  people  of  this  State,  but  has  a  manifest  tendency  to  re- 
tard the  progress  of  pupils  in  acquiring  the  elements  of  a 
sound  and  practical  education  ;  and  has  afforded  the  means 
to  the  enemies  of  our  institutions,  of  driving  a  profitable 
trade  in  books,  which  are  often  made  the  vehicles  for'  im- 
posing upon  the  unsuspecting  and  untrained  minds  of  the 
young,  their  absurd  theories  and  dogmas  upon  the  subject 
of  African  equality,  and  the  sinfulness  of  African  slavery — 
therefore, 

Be  it  resolved  by  the  people  of  Georgia  in  Convention  assembled, 

1st.  That  a  Board  of  Commissioners  to  consist  of  seven 
members,  be  appointed  by  the  Governor,  with  the  advice 
and  consent  of  two-thirds  of  the  Senate,  at  the  next  session 
of  the  General  Assembly  of  this  State,  whose  duty  it  shall 
be  to  select,  compile,  or  compose,  a  complete  series  of  text 
books,  in  every  department  of  literature  and  science,  which 
upon  being  examined  and  approved  by  the  Governor  and 
two-thirds  of  the  Senate,  shall  be  adopted  as  text  books  in 
all  the  Schools,  Academies,  and  Colleges  in  this  State. 

2d.  That  no  teacher  in  this  State,  shall  be  entitled  to 


GEORGIA  CONVENTION. 


participate  in  any  public  fund  now  existing,  or  hereafter  to 
be  raised  in  this  State,  or  any  county  thereof,  for  education 
al  purposes,  unless  said  teacher  shall  have  adopted  and  used 
the  text  books  provided  for  in  the  foregoing  resolution. 

3rd,  That  a  copy  of  this  Preamble  and  Resolutions  be 
sent  to  his  Excellency  the  Governor,  with  a  request  to 
bring  the  the  same  to  the  attention  of  the  General  Assem- 
bly at  the  opening  of  its  next  session,  in  order  that  the 
proper  steps  may  be  taken  by  that  body  for  carrying  into 
effect  the  measures  herein  set  forth. 

On  motion  of  Mr.  Crawford  of  Greene,  the  foregoing 
substitute  and  original  Preamble  and  Resolutions,  wTere  re- 
ferred to  a  Committee  of  seven,  to  report  thereon,  to-wit : 

Messrs.  Crawford  of  Greene, 
Fouche, 
Means, 
Munnerlyn, 
Rice, 
Hull,  and 
SafFold. 

Mr.  Wofford  offered  the  following  Preamble  and  Resolu- 
tions, which  were  taken  up,  read,  and  adopted  : 

Whereas,  Under  the  Government  of  the  United  States 
prior  to  the  secession  of  Georgia  there  has  been  annually 
paid  to  the  Pensioners  resident  in  said  State  a  sum  of 
money  amounting  to  about  twenty-three  thousand  dollars : 

1st,  Resolved,  That  this  Convention  urge  the  Congress  of 
the  Confederate  States  to  make  immediate  provision  for  the 
payment  of  the  Pensioners  resident  in  this  State,  the 
amounts  heretofore  allowed  them  by  the  Government  of 
the  United  States. 

2nd,  Resolved,  That  the  Secretary  communicate  the 
above  to  the  Congress  of  the  Confederate  States. 

Mr.  Shropshire  of  Floyd,  fr  om  the  Committee  on  Reduc- 
tion of  the  General  Assembly  of  this  State,  to  whom  was 
committed,  and  recommitted,  all  the  measures  proposed  in 
the  Convention  for  that  purpose,  reported  the  following: 


JOURNAL  OF  THE 


AN  ORDINANCE 

To  alter  and  amend  the  3rd,  4th,  7th,  and  8th  Sections 
of  the  1st  Article  of  the  Constitution  of  the  State  of 
Georgia,  and  for  other  purposes. 

1st,  Be  it  Ordained,  by  the  People  of  Georgia,  in  Convention 
assembled,  and  it  is  hereby  Ordained  and.  Declared,  by  the 
authority  of  the  same. 

That  from  and  after  the  adoption  of  this  Ordinance,  the 
third  Section  of  the  first  Article  of  the  Constitution  of  this 
State,  shall  be  so  altered  and  amended,  as  to  read  as  fol- 
lows, to- wit: 

Each  Congressional  District  in  this  State  shall  be 
known  as  a  Senatorial  District,  by  the  same  number  which 
designates  it  as  a  Congressional  District.  The  Senate  of 
Georgia  shall  be  composed  of  forty  Senators  and  no  more  ; 
five  to  be  chosen  from  each  of  said  Districts  by  the  legal- 
ly qualified  voters  thereof,  biennially,  on  the  first  Wednes- 
day in  October,  until  the  day  of  election  is  altered  by  law. 

2nd,  Be  it  farther  Ordained,  by  the  authority  aforesaid, 
That  the  fourth  Section  of  the  first  Article  of  the  Constitu- 
tion of  Georgia  shall  be  so  altered  and  amended  as  to  read 
as  follows,  to-wit : 

No  person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  five  years  a  citi- 
zen of  this  State,  and  shall  have  usually  resided  within 
the  district  from  which  he  shall  be  returned,  at 
least  one  year  immediately  preceding  his  election,  except 
persons  who  have  been  absent  on  lawful  business  of  this 
State,  or  ol  the  Confederate  States  of  America. 

3rd,  Be  it  further  Ordained,  That  the  seventh  Section  of 
the  first  Article  of  the  Constitution  of  this  State  shall  be  so 
altered  and  amended,  as  to  read  as  follows,  to-wit : 

The  House  of  Representatives  shall  be  composed  of 
eighty-five  members,  and  no  more.  Eleven  from  the  first 
Congressional  District;  thirteen  from  the  second  District ; 
ten  from  the  third  District ;  eleven  from  the  fourth  Dis- 
trict; twelve  from  the  fifth  District;  ten  from  the  sixth 
District ;  nine  from  the  seventh  District ;  and  nine  from  the 


GEORGIA  CONVENTION. 


145 


eighth  District.  Said  members  to  be  elected,  biennially,  by 
the  legally  qualified  voters  of  each  District,  respectively, 
on  the  first  Wednesday  in  October,  until  the  day  of  election 
is  altered  by  law. 

4th,  Be  it  further  Ordained,  That  the  eighth  Section  of 
the  first  Article  of  the  Constitution  of  this  State  be  so 
altered  and  amended  as  to  read  as  follows,  to-wit : 

No  person  shall  be  a  Representative  who  shall  not  have 
attained  the  age  of  twenty-one  years,  and  have  been  a  citi- 
zen of  the  State  of  Georgia  five  years,  and  have  usually 
resided  in  the  District  in  which  he  shall  be  chosen  one  year 
immediately  preceding  his  election,  unless  he  shall  have 
been  absent  on  the  public  business  of  this  State,  or  of  the 
Confederate  States  of  America. 

5th,  Be  it  further  Ordained,  That  the  foregoing  altera- 
tions and  amendments  shall  not  be  so  construed  as  to  vacate 
the  commission  of  any  member  of  the  present  General 
Assembly  of  Georgia. 

The  Report  was  taken  up  and  read,  when  Mr.  Shrop- 
shire of  Floyd  moved  to  print  500  copies  of  the  same  for 
the  use  of  the  Convention. 

Mr.  Hansell  moved  to  lay  the  Report  on  the  table  till 
the  25th  day  of  December  next. 

Upon  which  motion  a  discussion  ensued,  pending  which, 
on  motion  of  Mr.  Hansell,  the  Convention  adjourned  till 
eleven  o'clock  Monday  morning. 


MONDAY,  MARCH  11,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Clarke. 

A  quorum  being  present,  the  journal  was  read. 

The  unfinished  business  of  Saturrday,  to-wit:  the  con- 
sideration of  Mr.  Harvell's  motion  to  lay  upon  the  table, 
until  the  25th  day  of  December  next,  the  report  of  Mr. 
Shropshire  of  Floyd,  from  the  "Committee  on  Reduction 
10 


146 


JOURNAL  OF  THE 


of  the  General  Assembly,"  was  taken  up  and  discussed ; 
when  the  question  being  put, 

On  motion  of  Mr.  Fouche,  the  yeas  and  nays  were  de- 
manded to  be  recorded,  on  agreeing  to  the  motion,  and  are 
yeas  54,  nays  206,  to-wit : 

Those  who  voted  in  the  affirmative  are  Messrs; : 


Adams  of  Camden, 
Bozeman, 
Brewton, 
Cannon  of  Rabun, 
Cannon  of  Wayne, 
Carswell, 

Cochran  of  Wilkinson, 

Corn, 

Fain, 

Farns  worth, 

Fitzpatrick, 

Fort  of  Wayne, 

Frier, 

Gaulden, 

Oholston, 

Hall, 

Hammond, 
Hansell, 

Harris  of  Glynn, 

H  arris  of  Mcintosh, 

Henderson, 

Hendry, 

Herrington, 

Huggins, 

Jones  of  Chatham, 

Kimsey, 

Lamb, 


Lattimer  of  Appling, 
Lattimer  of  Montgomery, 
Low, 

Mabry  of  Berrien, 

McDonald, 

McGrifF, 

McRae, 

Mershon, 

Mounger, 

Pickett, 

Prescott, 

Pruett, 

Ramsey  of  Clinch, 
Ramsey  of  Muscogee, 
Rice, 

Richardson  of  Twiggs, 

Sirmons, 

Sisk, 

Stephens  of  Hancock, 

Stephens  of  Pierce, 

Strickland  of  Tatnall, 

Styles, 

Tomlinson, 

Tucker  of  Colquitt, 

Usry, 

Williams  of  Mcintosh, 
Young  of  Irwin. 


Those  who  voted  in  the  negative  are  Messrs. 


Adams  of  Putnam, 

Alexander  of  Fulton, 

Alexander  of  Upson, 

Algood, 

Allen, 

Anderson, 

Arnold, 

Banks, 

Bell  of  Banks, 
Beall  of  Forsyth, 


Beall  of  Troup, 

Benning, 

Black, 

Bo  wen, 

Briggs, 

Briscoe, 

Brown  of  Marion, 
Brown  of  Webster, 
Bryan, 
Burch, 


GEORGIA  CONVENTION. 


147 


Bush, 

Byrd, 

Calhoun, 

Cantrell, 

Carson, 

Casey, 

Cheshier, 

Clarke, 

Cleveland, 

Cochran  of  Terrell, 

Cody, 

Coleman, 

Collins, 

Colquitt, 

Cox, 

Crawford  of  Greene, 

Dabney, 

Daniel, 

Davis  of  Chattahoochee, 

Davis  of  Putnam, 

Davenport  of  Clay, 

Day, 

Dennis, 

Deupree, 

Dewberry, 

Dickerson; 

Douglass, 

Dozier, 

Fleming, 

Flewellen, 

Fields, 

Ford, 

Fort  of  Stewart, 

Fouche, 

Freeman, 

French, 

Furlow, 

Gardner, 

Garvin, 

Gee, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Glover, 

Giles, 

Gordon, 

Graham, 

Gresham, 

Gunn. 


Hale, 
Hamilton, 
Hargroves, 
Harville, 

Harris  of  Hancock, 

Harris  of  Merriwether, 

Harvey, 

Hawkins, 

Head, 

Hendricks, 

Hill  of  Hart, 

Hilliard, 

Hines, 

Hood, 

Hoyal, 

Hudson  of  Gwinnett, 

Hudson  of  Harris, 

Hull, 

Hust, 

Jennings, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Johnson  of  Oglethorpe, 

Jones  of  Burke, 

Jordan, 

Kenan, 

Ketchum, 

Kill  gore, 

Kirkland, 

Knox, 

Lamar  of  Lincoln, 

Lester, 

Lindley, 

Logan, 

Long, 

Lyle, 

Mabry  of  Heard, 

Mallary, 

Marshall, 

Martin  of  Elbert, 

Martin  of  Lumpkin, 

Martin  of  Meriwether, 

McConnell  of  Catoosa, 

McConnell  of  Cherokee, 

McCulloch, 

McDaniel, 

McLain, 


:S  JOUENAL  C 

Means, 

Milton,' 

Mitchell, 

Moore  of  Bulloch, 

Moor  of  Spalding, 

Montgomery, 

Morrow, 

Munnerlyn, 

Neal  of  Columbia, 

Neal  of  Talbot, 

Newton, 

Overstreet, 

Padget, 

Pariss, 

Patterson, 

Patrick, 

Perkins, 

Phinizy  of  Monroe, 

Phinizy  of  Richmond, 

Pierce, 

Pinson, 

Pittman, 

Poe, 

PofFord, 

Ponder, 

Poullain, 

Price, 

Reed, 

Reese, 

Reynolds, 

Richardson  of  Lee, 

Robinson, 

Roddey, 

Rutherford, 

Saffold, 

Sharman, 

Sharpe, 

Sheffield  of  Calhoun, 
Sheffield  of  Early, 
Shropshire  of  Chattooga, 
Shropshire  of  Floyd, 
Slater, 
Skelton, 

Simmons  of  Pickens, 
Simms, 

So  the  motion  was  lost. 
Leave  of  absence  was  grants 


p  THE 

Singleton, 
Smith  of  DeKalb, 
Smith  of  Johnson, 
Smith  of  Talbot, 
Solomons, 
Spencer, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Monroe, 
Street, 

Strickland  of  Forsyth ?, 

Taliaferro, 

Teasley, 

Thomas  of  Dooly, 

Thomas  of  Whitfield, 

Ti  dwell, 

Trippe, 

Troup, 

Tucker  of  Laurens, 

Turner  of  Hancock, 

Turner  of  Wilcox, 

Varnadoe, 

Walton, 

Warner, 

Waterhouse, 

Webb, 

Wellborn, 

West, 

Welchel, 

Whitehead, 

Wicker, 

Willingham, 

Williams  of  Chattooga, 

Williams  of  Harris, 

Williamson, 

Willis, 

Winn  of  Cobb, 

Winn  of  Gwinnett, 

Wood, 

Word, 

Wright, 

Yates, 

Yopp. 

Young  of  Gordon, 
d  to  Messrs.  Robertson,  of 


GEORGIA  CONVENTION.  149 

Wilkes,  Burnett,  of  Clay,  Ellington,  of  Quitman,  and  Buch- 
anan, of  Early. 

The  Convention  then  adjourned  till  eleven  o'clock,  to- 
morrow morning. 


TUESDAY,  MARCH  12,  1S61. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Porter. 

A  quorum  being  present,  the  journal  was  read. 

The  President  laid  upon  the  table  a  communication  from 
the  Hon.  Charles  C.  Jones,  Mayor  of  the. City  of  Savannah, 
and  from  Col.  A.  R.  Lawton,  Commanding  at  Fort  Pulaski, 
inviting  this  body  to  visit  that  Fort,  and  advising  it  that  a 
steamer  was  provided  for  that  purpose. 

The  communications  on  motion  of  Mr.  Whitehead,  were 
taken  up  and  read,  when  Mr.  Alexander,  of  Upson,  offered 
the  following  resolution  : 

Resolved,  That  this  Convention  accept  the  invitations  of 
the  city  authorities  of  Savannah,  and  of  Col.  Lawton,  in 
command  at  Fort  Pulaski,  to  visit  that  Fort,  and  that  the 
Convention  would  indicate  Thursday  next  at  9  o'clock  A. 
M.  as  the  time  for  said  visit. 

Resolved,  That  the  Secretary  of  this  Convention  commu- 
nicate this  acceptance  to  the  city  authorities,  and  to  Col. 
Lawton. 

Mr.  Fouche  offered  the  following  ordinance  which  was 
read  : 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States  of 
America,  the  occupancy  and  use  of  the  Forts  and  Arsenals 
in  this  State,  and  also  to  turn  over  to  said  Government, 
the  arms  and  munitions  of  war,  found  in  said  Forts  and 
Arsenals  at  the  time  of  their  occupancy  by  the  authori- 
ties of  this  State,  and  for  other  purposes. 

Section  1st.  Be  it  ordained  by  the  people  of  Georgia,  in 


150  JOURNAL  OF  THE 

Convention  assembled,  That  the  direction  and  management 
of  all  military  affairs  in  this  State,  looking  to  the  common 
defence  of  this  State,  and  the  other  States  of  the  Confede- 
rate States  of  America,  against  any  attack  npon  them,  or 
any  of  them,  by  any  foreign  power,  shrll  be  and  is  hereby 
transferred  to  the  Government  of  the  Confederate  States  of 
America. 

Sec.  2d.  Be  it  further  ordained,.  That  the  Governor  of  this 
State  be,  and  he  is  hereby  authorized  and  directed  to  trans- 
fer to  the  Government  of  the  Confederate  States  of  Ameri- 
all  arms  and  munitions  of  war,  acquired  from  the  late 
United  States,  in  the  Forts  and  Arsenals  in  this  State,  to- 
gether with  the  possession,  occupany,  and  use  of  said  Forts 
and  Arsenals  and  their  appurtenances;  andheis  hereby  furth- 
er authorized  to  make  the  same  disposition  of  any  arms  or 
munitions  of  war  belonging  to  this  State,  muskets,  rifles,  and 
other  small  arms  excepted,  taking  proper  vouchers  for  all 
the  said  arms,  munitions  of  war,  and  other  property  so 
transferred. 

Messrs.  Styles,  Spencer,  Benning,  and  Hudson,  severally 
laid  upon  the  table  amendments  to  the  report  of  the  Com- 
mittee on  Reduction  of  the  General  Assembly,  which  were 
read. 

Mr.  Styles  laid  on  the  table  the  following  ordinance  and 
and  resolution,  which  were  read  : 

AN  ORDINANCE 

To  appropriate  money  for  the  use  of  the  Confederate  States 

of  America. 

Section  1st.  Be  it  ordained  by  the  people  of  Georgia  in 
Convention  assembled,  and  it  is  hereby  ordained  by  the  authority  of 
the  same,  That  his  Excellency  the  Governor,  be  and  he  is 
hereby  authorized  and  required  to  tender  to  the  Government 
of  the  Confederate  States  of  America,  the  sum  of  five  hund- 
red thousand  dollars  to  be  placed  in  the  Treasury  of  said 
Government  as  a  common  fund  for  such  purposes  as  circum- 
stances and  the  exigencies  of  the  times  may  demand. 


GEOKGTA  CONVENTION. 


Sec.  2d.  Be  it  further  ordained,  That  for  the  purpose  of 
carrying  out  the  foregoing  section,  his  Excellency  be  fur- 
ther authorized  to  issue  the  bonds  of  the  State  in  such  sums 
and  payable  at  such  time  as  he  shall  deem  most  expedient, 
bearing  seven  per  centum  interest,  payable  annually. 

Resolved,  That  his  Excellency  the  Governor,  be  and  he 
is  hereby  authorized  and  instructed  to  furnish  side  arms  to 
all  officers  of  Military  Companies,  who  have  or  who  may 
hereafter  draw  arms  from  the  State. 

Mr.  Styles  offered  the  following  resolution  which  was 
read,  and  laid  on  the  table. 

Resolved,  That  all  the  plans  for  the  reduction  of  the 
Legislature,  be  printed  and  referred  to  the  people,  and  that 
we  recommend  that  a  Convention  be  held  on  the  -ith  day 
of  J uly  next,  to  consider  the  same. 

Mr.  Warner  offered  the  following  resolution,  which  was 
taken  up,  read,  and  laid  on  the  table. 

Resolved,  That  the  various  propositions  reported  for  the 
reduction  of  the  members  of  the  Legislature,  be  recommit- 
ted to  the  committee  with  instructions  to  report  the  substi- 
tute offered  by  the  delegate  from  Richmond,  for  the  major- 
ity report  of  the  committee. 

The  regular  order  of  the  day,  to-wit :  the  unfinished  busi- 
ness of  yesterday,  being  the  report  of  the  Committee  on  Re- 
duction, was  taken  up,  the  question  being  on  Mr.  Shrop- 
shire's, (of  Floyd)  motion,  to  print  500  copies  of  the  same. 

The  motion  was  withdrawn,  when  Mr.  Johnson,  of  Clay- 
ton, offered  the  following  resolution  : 

Resolved,  That  the  question  of  reduction  of  the  General  As- 
sembly, be  made  the  special  order  for  to-morrow,  12  o'clock. 
M..  and  that  300  copies  of  the  report  of  the  committee,  and 
the  substitute  to  the  same,  together.,  with  all  the  amend- 
ments, be  printed  for  the  use  of  the  Convention. 

The  resolution  was  read. 

The  report  of  the  committee  was  then  taken  up  by  sec- 
tions. 


152  JOURNAL   OF  THE 

The  first  section  having  been  read,  Mr.  Garvin  moved  to 
amend  the  same,  by  striking  out  all  after  the  words  "  no 
more"  and  inserting  the  following  : 

Four  from  each  Senatorial  District.  There  shall  be  ten 
districts,  arranged  as  follows  : 

The  Fiest  District  shall  be  composed  of  the  counties  of 
Appling,  Bryan,  Bulloch,  Chatham,  Camden,  Charlton, 
Clinch,  Coffee,  Effingham,  Emanuel,  Glynn,  Liberty,  Mc- 
intosh, Montgomery,  Pierce,  Screven,  Telfair,  Tatnall, 
Ware,  and  Wayne. 

The  Second  District  shall  be  composed  of  the  counties 
of  Baker,  Berrien,  Brooks,  Calhoun,  Clay,  Colquitt,  Dooly, 
Decatur,  Dougherty,  Early,  Echols,  Irwin,  Lee,  Lowndes, 
Mitchell,  Miller,  Randolph,  Terrell,  Thomas,  Wilcox,  and 
Worth. 

The  Third  District  shall  be  composed  of  the  counties 
of  Chattahoochee,  Harris,  Muscogee,  Marion,  Macon,  Quit- 
man, Stewart,  Sumter,  Schley,  Taylor,  Talbot,  and  Web- 
ster. 

The  Fourth  District  shall  be  composed  of  the  counties 
of  Baldwin,  Bibb,  Crawford,  Jones,  Jasper,  Houston,  Lau- 
rens, Putnam,  Pulaski,  Twiggs,  and  Wilkinson. 

The  Fifth  District  shall  be  composed  of  the  counties  of 
Burke,  Columbia,  Glasscock,  Hancock,  Jefferson,  Johnson, 
Lincoln,  Richmond,  Warren,  Wilkes,  and  Washington. 

The  Sixth  District  shall  be  composed  of  the  counties 
Clark,  Elbert,  Franklin,  Green,  Hart,  Madison,  Morgan, 
Newton,  Oglethorpe,  Taliaferro,  and  Walton. 

The  Seventh  District  shall  be  composed  of  the  counties 
of  Butts,  Clayton,  Fayette,  Henry,  Merriwether,  Monroe, 
Pike,  Spalding,  Troup,  and  Upson. 

The  Eighth  District  shall  be  composed  of  the  counties 
of  Campbell,  Carroll,  Cobb,  Coweta,  DeKalb,  Fulton,  Haral- 
son, Heard,  Paulding,  and  Polk. 

The  Ninth  District  shall  be  composed  of  the  counties 
of  Banks,  Cherokee,  Dawson,  Forsyth,  Gwinnett,  Haber- 
sham, Hall,  Jackson,  Lumpkin,  Milton,  Pickens,  Rabun, 
Towns,  Union,  and  White. 


GEORGIA  CONVENTION. 


153 


The  Tenth  District  shall  be  composed  of  the  counties 
of  Cass,  Catoosa,  Chattooga,  Dade,  Fajmin,  Floyd,  Gordon, 
Gilmer,  Murray,  Walker,  and  Whitfield. 

At  the  first  election  held  under  this  ordinance,  there  shall 
be  fouf  Senators  elected  from  each  Senatorial  District,two  of 
whom  shall  hold  their  office  for  two  years,  and  two  for  four 
years  ;  and  the  first  Senator  elected  for  each  district,  shall 
be  divided  into  two  classes  by  lot,  as  soon  as  the  Senate 
shall  convene  and  organize.  At  every  subsequent  election 
which  shall  be  held  biennially,  each  district  shall  elect  two 
Senators  who  shall  hold  their  office  for  four  years.  After 
each  future  enumeration  of  the  inhabitants  of  the  State, 
made  under  the  laws  and  constitution  thereof,  the  General 
Assembly,  at  its  next  session,  may  re-arrange  the  foregoing 
Senatorial  Districts  in  such  manner  as  will,  as  nearly  as  prac- 
ticable, give  to  each  an  equal  representative  popula- 
tion. 

Mr.  Clarke  offered  as  an  amendment  and  substitute  for 
both,  the  following : 

The  Senate  shall  consist  of  forty-four  members,  and  the 
State  shall  be  divided  into  twenty-two  Senatorial  Districts, 
each  of  which  shall  consist  of  six  contiguous  counties,  to  be 
arranged  by  the  General  Assembly,  and  be  entitled  to  two 
Senators,  both  of  whom  shall  not  be  chosen  from  any  one 
county.  When  a  new  county  is  organized,  it  shall,  by  the 
General  Assembly  be  added  to  some  district  which  it  may 
adjoin,  and  in  such  event,  such  district  may  consist  of  more 
than  six  counties.  If  the  act  organizing  any  county  shall 
be  repealed,  the  district  which  embraced  said  county  may 
contain  less  than  six  counties. 

Mr.  Johnson,  of  Hall,  introduced  a  resolution  that  the 
several  plans  for  the  reduction  of  the  Legislature,  be  laid 
on  the  table  for  the  present,  but  before  the  decision  of  which, 
a  motion  to  adjourn  was  offered  and  carried;  accordingly, 
after  granting  leave  of  absence  to  Mr.  Anderson  of  Chatham, 
the  Convention  adjourned  till  10  o'clock  to-morrow  mom- 
ma-. 


154 


JOURNAL  OF  THE 


WEDNESDAY,  MARCH  13,  1861. 

The  Convention  met  persuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Dr.  Rosenfeld. 

A  quorum  being  present,  the  Journal  was  read. 

Mr.  Robinson  of  Macon  offered  the  following  Resolu- 
tion : 

Resolved,  That  no  delegate  of  the  Convention  shall  be 
allowed  to  draw  his  per  diem  pay  for  the  day  the  Convention 
visits  Fort  Pulaski. 

The  Resolution  was  read. 

On  motion  of  Mr.  Fouche,  the  Ordinance  introduced  by 
him  on  yesterday,  "To  transfer  to  the  Government  of  the 
Confederate  States  of  America,  the  occupancy  and  use  of 
the  Forts  and  Arsenals  in  this  State,  and  also  to  turn  over 
to  said  Government  the  arms  and  munitions  of  war  found 
in  said  Forts  and  Arsenals  at  the  time  of  their  occupancy 
by  the  authorities  of  this  State,  and  for  other  purposes," 
was  referred  to  the  Committee  on  Military  Affairs. 

Mr.  T  id  well,  from  the  Special  Committee  of  seven,  made 
the  following 

REPORT : 

The  Special  Committee  to  whom  was  referred  the 
original  Resolutions,  together  with  the  several  amendments, 
tendering  the  thanks  of  the  Convention  to  the  President 
and  Directors  of  the  Central  and  other  Rail  Road  Com- 
panies ;  and  also  to  the  city  authorities  of  Savannah,  for 
their  kindness  and  liberality  to  the  Convention,  beg  leave 
to  offer  for  the  consideration  of  the  Convention,  the  fol- 
lowing Resolutions,  as  a  substitute,  and  in  lieu  of  said 
original  and  amendments : 

Resolved,  That  the  thanks  of  this  Convention  are  due  and 
hereby  tendered  to  the  Presidents  and  Directors  of  the 
Central,  South-Western,  Savannah  &  Augusta,  Atlantic  & 
Gulf,  and  the  Savannah,  Albany  &  Gulf  Railroads,  for  their 
kindness  and  liberality  in  passing  all  the  delegates  and 
officers  of  this  Convention  who  traveled  over  their  respec- 
tive roads,  free  of  charge,  and  to  the  officers  of  the  Savan- 
nah, Albany  &  Gulf  and  Atlantic  &  Gulf  Railroad,  f©r 


GEORGIA  CONVENTION.  155 

their  liberality  in  returning  delegates,  free  of  charge,  from 
the  late  session  of  this  Convention  at  Milledgeville.  Also, 
to  the  Mayor  and  Aldermen  of  the  city  of  Savannah,  for 
furnishing  the  Convention,  free  of  charge,  with  a  large 
and  comfortable  Hall. 

Your  committee  cannot,  although  not  specially  charged 
with  the  duty,  withhold  an  expression  of  their  gratitude  to 
the  officers  of  those  Railroads  who  have  so  generously  and 
patriotically  passed  recruits  to  the  army  over  their  roads, 
free  of  charge,  or  for  a  mere  nominal  sum.  Such  acts  of 
patriotism  extended  to  those  who  make  a  voluntary  tender 
of  their  services  and  offer  their  lives,  (if  necessary,)  in  de- 
fense of  an  insulted,  injured,  and  oppressed  people — should 
have  a  place  in  the  history  of  the  country,  as  well  as  entitle 
such  companies  to  the  confidence  and  support  of  a  generous 
people. 

Resolved,  That  the  Presidents,  Directors  and  Superin- 
tendents of  said  Railroads,  together  with  the  Mayor  and 
Aldermen  of  the  city  of  Savannah,  be,  and  they  are  hereby 
invited  to  seats  in  this  Convention,  wThen  not  in  secret  ses- 
sion. 

Resolved,  That  the  Secretary  give  notice  of  these  Resolu- 
tions to  the  Presidents  of  said  roads,  and  the  Mayor  of  the 
city. 

On  motion  of  Mr.  Tidwell,  the  rule  wras  suspended,  and 
the  Report  was  taken  up,  read,  and  adopted. 

The  President  laid  upon  the  table  a  telegraphic  dispatch 
from  the  Hon.  Howell  Cobb,  President  of  the  Congress  of 
the  Confederate  States  of  America,  dated  at  Montgomery, 
the  12th  instant,  in  which  he  advised  the  President  of  this 
Convention,  that  he  had  mailed  to  him  a  copy  of  the  Con- 
stitution ;  which  was  taken  up  and  read. 

On  motion  of  Mr.  Reese,  the  rule  was  suspended,  wThen 
he  introduced  the  following  Resolution,  which  was  taken 
up,  read,  and  adopted: 

Resolved,  That  the  Committee  on  Printing  be,  and  they 
are  hereby  instructed,  so  soon  as  an  authenticated  copy 
of  the  permanent  Constitution  adopted  by  the  Congress  at 
Montgomery,  shall  be  received  by  the  President  of  this 


156 


JOURNAL  OF  THE 


Convention,  to  have  500  copies  of  the  same  printed  for  the 
use  of  the  Convention. 

The  Resolution  of  Mr.  Johnson  of  Hall,  to  lay  all  mat- 
ters in  relation  to  Reduction,  on  the  table,  being  first  in 
order,  was  taken  up  and  the  Resolution  was  lost. 

The  amendment  of  Mr.  Clarke  to  Mr.  Garvin's  amend- 
ment of  the  first  section  of  the  Ordinance  reported  by  the 
Committee  on  Reduction,  and  substitute  for  both  the 
amendment  and  original,  being  next  in  order,  was  taken  up. 

Mr.  Clarke  moved  for  a  division  of  the  subject  matter  of 
his  amendment  and  substitute,  to-wit :  to  strike  out  for  the 
present  in  his  proposition,  the  words  "to  be  arranged  by 
the  General  Assembly,"  and  to  consider  first  the  remainder 
of  his  amendment. 

The  motion  to  "strike  out"  and  divide  prevailed. 

Mr.  Chastain  moved  to  strike  out  "twenty-two" — the 
number  of  Senatorial  Districts  proposed — and  insert  "forty- 
four." 

Mr.  Stapleton  moved  to  divide  that  motion—  first  to  put 
the  question  upon  striking  out;  and  second,  upon  insert- 
ing. 

The  motion  prevailed. 

And  the  motion  to  "strike  out"  twenty-two,  the  number 
of  Senatorial  Districts,  also  prevailed. 

Mr.  Chastain  moved  to  fill  the  blank  with  "forty-four,"  as 
the  number  of  Senatorial  Districts. 

The  motion  prevailed. 

The  amendment  and  substitute  was  further  amended  by 
striking  out  the  word  "six,"  wherever  it  occurred,  and  in- 
serting "three;"  also  to  strike  out  "two  Senators,"  and 
insert  "one  Senator." 

The  question  then  came  up  on  the  adoption  of  the  amend- 
ment and  substitute, '  when  the  yeas  and  nays  were  de- 
manded to  be  recorded. 

There  are  yeas  173,  nays  100,  to-wit  • 

Those  who  voted  in  the  affirmative,  are  Messrs. 

Adams  of  Camden,  Banks, 

Alexander  of  Upson,  Bartow, 

Algood,  Beasley, 

Allen,  Bell  of  Banks, 


6  EOB  G I A   CONVEXTI 0  X . 


157 


Black. 

Gee, 

Bowen. 

Gholston. 

Bozeman, 

Giles, 

Brewton, 

Gordon, 

BriggS; 

Gunn, 

Briscoe. 

Hale. 

Brown  of  Houston. 

Hall, 

Brown  of  Webster. 

Hammond, 

Bryan, 

Hansell, 

Bush, 

Harvill. 

Butts, 

Harris  of  Glynn, 

Cannon  of  Babun, 

Harris  of  Mcintosh, 

Cannon  of  Wayne, 

Hawkins, 

Carson, 

Henderson, 

Carswell, 

Hendry, 

Chastain, 

Hendricks, 

Che  shier, 

Herrin2ton. 

Clarke,  ' 

Hill  of  Hart. 

Cieaveland, 

Hiiliard, 

Cochran  of  Terrell, 

Hines. 

Cochran  of  Wilkinson, 

Hoval. 

Coleman, 

Hood. 

Colquitt, 

Howell. 

Corn, 

Hudson  of  Gwinnett, 

Cox, 

Huggins, 

Daniel, 

Hust. 

Davis  of  Cbattaooochee, 

Jackson, 

Davenport  of  Clay. 

Johnson  of  Clayton, 

Davenport  of  Sumter. 

Johnson  of  Jefferson, 

Day, 

Jones  of  Chatham. 

Dennis, 

Jordan, 

Deupree. 

Kimsey. 

Douglass. 

Kirkland, 

Dozier, 

Lamb. 

Fain, 

Lattiiner  of  Appling. 

Farnsworth, 

La  t  rimer  of  Montgomery, 

Flemmir. 

Lester. 

Flewellen. 

Logue, 

Fields, 

LyTe. 

Fitzpatrick. 

Mabrv  of  Berrien, 

Ford, 

Mallarv. 

Fort  of  Stewart, 

Marshall, 

Fort  of  Wayne, 

Martin  of  Elbert, 

Frier. 

McConnell  of  Catoosa, 

French, 

McConneU  of  Cherokee, 

Furlow, 

McCulloch, 

Gaulden, 

McDonald. 

Gardner. 

McGrnf, 

158 


JOURNAL  OF  THE 


McLain, 

McLeod, 

McRae, 

Mershon, 

Milton, 

Mitchell, 

Moore  of  Bulloch, 

Morrow, 

Mounger, 

Munnerlyn, 

Overstreet, 

Padget, 

Paris, 

Patterson, 

Pickett, 

Pitts, 

Pofford, 

Ponder, 

Porter, 

Prescott, 

Price, 

Pruett, 

Ramsey  of  Clinch, 
Reed, 

Richardson  of  Lee, 

Richardson  of  Twiggs, 

Robinson, 

Roddey, 

Rutherford, 

Sheffield  of  Calhoun, 

Sheffield  of  Early, 

Slater, 

Skelton, 

Simmons  of  Pickens, 
Simms, 

Those  who  voted  in  the 

Adams  of  Putnam, 
Alexander  of  Fulton, 
Arnold, 

Bell  of  Forsyth, 
Beall  of  Troup, 
Benning, 

Brown  of  Marion, 
Burch, 
Byrd, 
Calhoun, 
Casey, 


Sirmons, 
Sisk, 

Smith  of  Charlton, 
Smith  of  Johnson, 
Smith  of  Talbot, 
Solomons, 
Spencer, 
Stapleton, 

Stephens  of  Monroe, 

Stephens  of  Pierce, 

Strickland  of  Tatnall, 

Styles, 

Taliaferro, 

Teasley, 

Thomas  of  Dooly, 
Tillman, 
Tomlinson, 
Troup, 

Tucker  of  Colquitt, 

Tucker  of  Laurens, 

Turner  of  Wilcox, 

Usry, 

Webb, 

Wellborn, 

West, 

Whelchel, 

Whitehead, 

Williams  of  Mcintosh, 

Williamson, 

Winn  of  Cobb, 

Winn  of  Gwinnett, 

Yates, 

Yopp, 

Young  of  Irwin. 


negative  are  Messrs. 
Collins, 

Crawford  of  Greene, 
Crawford  of  Richmond. 
Dabney, 

Davis  of  Putnam, 
Dewberry, 
Dickerson, 
Fouche, 
Freeman, 
Garvin, 

Glenn  of  Fulton, 


GEORGIA  CONVENTION. 


159 


Glenn  of  Oglethorpe, 

Glover, 

Graham, 

Gray, 

Gresham, 

Haines, 

Hamilton, 

Hargroves, 

Harris  of  Hancock, 

Harris  of  Merriwether, 

Harvey. 

Head, 

Hill  of  Troup, 

Hudson  of  Harris, 

Hull, 

Jennings, 

Johnson  of  Hall, 

Johnson  of  Oglethorpe, 

Jones  of  Burke, 

Kenan, 

Ketchum, 

Kill  gore, 

Knox, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Low, 

Lindley, 

Logan, 

Long, 

Mabry  of  Heard, 
Man  son, 

Martin  of  Lumpkin, 
Martin  of  Merriwether, 
McDaniel, 
Means, 

Moor  of  Spalding, 
Montgomery, 
Neil  of  Columbia, 
Neil  of  Talbot, 


Newton, 
Patrick, 

Phinizy  of  Monroe, 
Phinizy  of  Richmond, 
Pierce, 
Pinson, 
Pittman, 
Poe, 

Poullain, 

Ramsey  of  Muscogee, 
Reese, 
Reynolds, 
Rice, 
Shannon, 
Sharpe, 
Shell, 

Shropshire  of  Chattooga, 
Shropshire  of  Floyd, 
Singleton, 
Spence, 
Starr, 

Stephens  of  Hancock, 
Street, 

Strickland  of  Forsvth, 
Thomas  of  Whitfield, 
Tidwell, 
Trippe, 

Turner  of  Hancock, 
Walton, 
Warner, 
Wicker, 
Willingh'am, 
Williams  of  Chattooga, 
Williams  of  Harris, 
Willis, 
Wood, 
Word, 
Wright, 

Young  of  Gordon. 
So  the  amendment  and  substitute,  as  amended,  to- 
wit:  "The  Senate  shall  consist  of  forty-four  members,  and 
the  State  shall  be  divided  into  forty-four  Senatorial  Dis- 
tricts, each  of  which  shall  consist  of  three  contigious  coun- 
ties, and  shall  be  entitled  to  one  Senator.  When  a  new 
county  is  organized,  it  shall,  by  the  General  Assembly,  be 
added  to  some  District  which  it  may  adjoin,  and,  in  such 
event,  such  District  may  consist  of  more  than  three  coun- 


160  JOURNAL    OF  THE 

ties.  If  the  Act  organizing  any  county  shall  be  repealed, 
the  District  which  embraced  said  county,  may  contain  less 
than  three  counties;"  was  adopted  in  lieu  of  the  original 
and  the  substitute  of  Mr.  Garvin. 

Mr.  Roddey  moved  that  the  Senatorial  Districts  bear- 
ranged  and  organized  by  a  Committee  of  this  Convention, 
when  Mr.  Styles  offered  the  following  Resolution,  which 
was  accepted  by  Mr.  Roddey,  in  lieu  of  his  motion,  to-wit : 

Resolved,  That  the  substitute  just  passed,  be  referred  to 
a  Committee  of  twenty-four,  three  from  each  Congressional 
District,  who  shall  arrange  the  Districts,  and  report  by 
Ordinance,  in  accordance  therewith. 

The  Resolution  was  adopted. 

Mr.  Styles  offered  the  following  Resolution : 

Resolved,  That  the  subject  of  reducing  the  House  of  Rep- 
resentatives, and  all  Ordinances  thereto  relating,  be  laid 
upon  the  table. 

The  Resolution  was  read.  He  then  moved  to  take  up 
the  same,  which  motion  was  lost. 

On  motion  of  Mr.  Alexander  of  Fulton,  the  Convention 
then  adjourned  till  eleven  o'clock,  Friday  morning.  • 


FRIDAY,  MARCH  15,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Axson. 

A  quorum  being  present,  the  journal  was  read,  wThen  Mr. 
Hill,  of  Troup,  moved  to  reconsider  so  much  of  the  pro- 
ceedings of  yesterday  as  relates  to  the  ordinance  reported 
by  the  Committee  on  the  Reduction  of  the  General  Assem- 
bly. 

The  motion  to  reconsider  was  lost. 

A  message  was  received  from  his  Excellency,  the  Gover- 
nor, through  Mr.  Waters,  his  Secretary,  which,  on  motion 
of  Mr.  Bartow,  was  laid  on  the  table  until  the  Convention 
convened  in  secret  session. 


Georgia  c  unrEirraox. 


101 


The  President  laid  on  the  table  the  following  communi- 
cations : 

Is:.  A  communication  from  the  Hon.  Howell  Cobb.  Pre- 
sident of  the  Congress  of  the  Confederate  Stares  of  Amer- 
ica, enclosing  a  certified  copy  of  the  "  Constitution  of  the 
Confederate  States  of  America.*"  adopted  March  11.  1861, 
to-wit :  (which  said  communication  was  ordered  to  be  placed 
in  true  appendix  of  the  journal  of  this  Convention.) 

CONSTITUTION 

OF  THE 

CONFEDERATE  STATES  OF  AMERICA, 


We.  the  people  of  the  Confederate  States,  each  State 
acting  in  its  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  Government,  establish  justice, 
insure  domestic  tranqility  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity — invoking  the  favor  and 
guidance  of  Almighty  God — do  ordain  and  establish  this 
Constitution  for  the  Confederate  States  of  America. 

ARTICLE  I. 
Section  1. 

All  legislative  powers  herein  delegated  shall  be  vested  in 
a  Congress  of  the  Confederate  States,  which  shall  consist 
of  a  Senate  and  House  of  Representative?. 

Section  -2, 

i:  The  House  of  Representatives  shall  be  composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  States :  and  the  electors  in  each  State  shall  be  citi- 
zens of  the  Confederate  States,  and  have  the  qualifications 
requisite  for  electors  ol  the  most  numerous  branch  of  the 
State  Legislature  ;  but  no  person  of  foreign  birth,  not  a 
11 


162 


JOURNAL   OF  THE 


citizen  of  the  Confederate  States,  shall  be  allowed  to  vote 
for  any  officer,  civil  or  political,  State  or  Federal. 

2.  No  person  shall  be  a  Representative,  who  shall  not 
have  attained  the  age  of  twenty-five  years,  and  be  a  citizen 
of  the  Confederate  States,  and  who  shall  not,  when  elect- 
ed,, be  an  inhabitant  of  that  State  in  which  he  shall  be 
chosen. 

3.  Representatives  and  Direct  Taxes  shall  be  apportioned 
among  the  several  States,  which  may  be  included  within 
this  Confederacy,  according  to  their  respective  numbers, 
which  shall  be  determined,  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
slaves.  The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the  Con- 
federate States,  and  within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall,  by  law,  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every 
fifty  thousand,  but  each  State  shall  have  at  least  one  Rep- 
resentative ;  and  until  such  enumeration  shall  be  made,  the 
State  of  South  Carolina  shall  be  entitled  to  choose  six — the 
State  of  Georgia  ten — the  State  of  Alabama  nine — the  State 
of  Florida  two — the  State  of  Mississippi  seven — the  State 
vOf  Louisiana  six,  and  the  State  of  Texas  six. 

4.  When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  speak- 
er and  other  officers ;  and  shall  have  the  sole  power  of  im- 
peachment ;  except  that  any  judicial  or  other  federal  officer, 
resident  and  acting  solely  within  the  limits  of  any  State, 
may  be  impeached  by  a  vote  of  two-thirds  of  both  branches 
of  the  Legislature  thereof. 

Section  3. 

1.  The  Senate  of  the  Confederate  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  for  six  years  by  the 
legislature  thereof,  at  the  regular  session  next  immediately 
preceding  the  commencement  of  the  term  of  service ;  and 
each  Senator  shall  have  one  vote. 


GEORGIA  CONVENTION. 


163 


2.  Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expiration  of  the  sec- 
ond year ;  of  the  second  class  at  the  expiration  of  the  fourth 
year ;  and  the  third  class  at  the  expiration  of  the  sixth 
year ;  so  that  one-third  may  be  chosen  every  second  year  ; 
and  if  vacancies  happen  by  resignation,  or  otherwise,  during 
the  recess  of  the  legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  Legislature,  which  shall  then  fill  such  va- 
cancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  years,  and  be  a  citizen  of  the  Con- 
federate States  ;  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  Confederate  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless  they 
be  equally  divided. 

5.  The  Senate  shall  choose  their  other  officers  ;  and  also 
a  President  pro  tempore  in  the  absence  of  the  Yice-President, 
or  when  he  shall  exercise  the  office  of  President  of  the 
Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation.  When  the  President  of  the  Con- 
federate States  is  tried,  the  Chief  Justice  shall  preside ; 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  members  present. 

7.  Judgment,  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  office  of  honor,  trust,  or  profit,  under 
the  Confederate  States;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment  according  to  law. 

Section  4. 

1.  The  times,  places  and  manner  of  holding  elections 
for  Senators  and  Representatives,  shall  be  prescribed  in 
each  State  by  the  Legislature  thereof,  subject  to  the  pro- 
visions of  this  Constitution;  but  the  Congress  may,  at  any 


164 


JOURNAL   OF  THE 


time,  by  law,  make  or  alter  such  regulations,  except  as  to 
the  times  and  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  different 
day. 

Section  5. 

1.  Each  House  shall  be  judge  of  the  elections,  returns 
and  qualifications  of  its  own  members,  and  a  majority  of 
each  shall  constitute  a  quorum  to  do  business;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalties  as  each  House 
may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds  of  the  whole  number,  expel 
a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment  require  secresy  ;  and  the 
yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section  6. 

1.  The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  Confederate  States,  They 
shall,  in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in 
either  House,  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 


GEORGIA  CONVENTION. 


165 


under  the  authority  of  the  Confederate  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and  no  person  holding 
-any  office  under  the  Confederate  States  shall  be  a  member 
of  either  House  during  his  continuance  in  office.  But 
Congress  may,  by  law,  grant  to  the  principal  officer  in  each 
of  the  Executive  Departments  a  seat  upon  the  floor  of 
either  House,  with  the  privilege  of  discussing  any  measures 
appertaining  to  his  department. 

Section  7. 

1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose  or 
concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  Houses,  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of 
the  Confederate  States  ;  if  he  approve,  he  shall  sign  it;  but 
if  not,  he  shall  return  it  with  his  objections  to  that  House 
in  which  it  shall  have  originated,  who  shall  enter  the  ob- 
jections at  large  on  their  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  two-thirds  of  that  House 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  House,  by  which  it  shall  like- 
wise be  reconsidered,  and  if  approved  by  two-thirds  of  that 
House,  it  shall  become  a  law.  But  in  all  such  cases,  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays., 
and  the  names  of  the  persons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  shall  not  be  returned  by  the  President  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as  if 
he  had  signed  it,  unless  the  Congress,  by  their  adjournment, 
prevent  its  return ;  in  wThich  case  it  shall  not  be  a  law. 

The  President  may  approve  any  appropriation  and  dis- 
approve any  other  appropriation  in  the  same  bill.  In  such 
case  he  shall,  in  signing  the  bill,  designate  the  appropria- 
tions disapproved  ;  and  shall  return  a  copy  of  such  appro- 
priations, with  his  objections,  to  the  House  in  which  the 
bill  shall  have  originated  ;  and  the  same  proceedings  shall 
then  be  had  as  in  case  of  other  bills  disapproved  by  the 
President. 


166 


JOURNAL   OF  THE 


3.  Every  order,  resolution  or  vote,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary  (except  on  a  ques- 
tion of  adjournment)  shall  be  presented  to  the  President  of 
the  Confederate  States ;  and  before  the  same  shall  take 
effect,  shall  be  approved  by  him;  or  being  disapproved  by 
him,  shall  be  re-passed  by  two-thirds  of  both  Houses  ac- 
cording to  the  rules  and  limitations  prescribed  in  case  of  a 
bill. 

Section  8. 

The  Congress  shall  have  power — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises, 
for  revenue  necessary  to  pay  the  debts,  provide  for  the 
common  defence,  and  carry  on  the  government  of  the  Con- 
federate States;  but  no  bounties  shall  be  granted  from  the 
treasury;  nor  shall  any  duties  or  taxes  on  importations 
from  foreign  nations  be  laid  to  promote  or  foster  any  branch 
of  industry;  and  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  Confederate  States : 

2.  To  borrow  money  on  the  credit  of  the  Confederate 
States : 

3.  To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes  ;  but 
neither  this,  nor  any  other  clause  contained  in  the  constitu- 
tion, shall  ever  be  construed  to  delegate  the  power  to  Con- 
gress to  appropriate  money  to  any  internal  improvement 
intended  to  facilitate  commerce ;  except  for  the  purpose  of 
furnishing  lights,  beacons,  and  buoys,  and  other  aids  to 
navigation  upon  the  coasts,  and  the  improvement  of  harbors 
and  the  removing  of  obstructions  in  river  navigation,  in 
all  which  cases,  such  duties  shall  be  laid  on  the  navigation 
facilitated  thereby,  as  may  be  necessary  to  pay  the  costs 
and  expenses  thereof : 

4.  To  establish  uniform  laws  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies,  throughout  the 
Confederate  States,  but  no  law  of  Congress  shall  discharge 
any  debt  contracted  before  the  passage  of  the  same : 

5.  To  coin  money,  regulate  the  value  thereof  and  of 
foreign  coin,  and  fix  the  standard  of  measures  : 

6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  Confederate  States  : 


GEORGIA  CONVENTION. 


167 


7.  To  establish  post  offices  and  post  routes  ;  but  the  ex- 
penses of  the  post  office  department,  after  the  first  day  of 
March,  in  the  year  of  our  Lord  eight  hnndred  and  sixty- 
three,  shall  be  paid  out  of  its  own  revenues  : 

8.  To  promote  the  progress  of  science  and  useful  arts, 
by  securing  for  limited  times  to  authors  and  inventors  the 
exclusive  right  to  their  respective  writings  and  discoveries  : 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court  : 

10.  To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water: 

12.  To  raise  and  support  armies;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years : 

13.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Confederate  States,  suppress  insurrections, 
and  repel  invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  Confederate  States,  respec- 
tively, the  appointment  of  the  officers,  and  the  authority 
of  training  the  militia  according  to  the  discipline  prescribed 
by  Congress  : 

17.  To  exercise  exclusive  legislation,  in  all  cases  what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  one  or  more  States  and  the  accep- 
tance of  Congress,  become  the  seat  of  the  Government  of 
the  Confederate  States ;  and  to  exercise  like  authority  over 
all  places  purchased  by  the  consent  of  the  Legislature  of 
the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dockyards,  and  other  needful 
buildings:  and 

13.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  Confederate  States,  or  in  any  depart- 
ment or  officer  thereof. 


163 


JOURNAL  OF  THE 


Section  9. 

1.  The  importation  of  negroes  of  the  African  race,  from 
any  foreign  country,  other  than  the  slaveholding  States  or 
Territories  of  the  United  States  of  America,  is  hereby  for 
bidden  ;  and  Congress  is  required  to  pass  such  laws  as  shall 
effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  Ter- 
ritory not  belonging  to  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  post  facto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves  shall  be 
passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

(>.  No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State,  evcept  by  a  vote  of  two-thirds  of  both  Houses. 

7.  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law  ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treasury 
except  by  a  vote  of  two-thirds  of  both  Houses,  taken  by 
yeas  and  nays,  unless  it  be  asked  and  estimated  for  by  some 
one  of  the  heads  of  Department,  and  submitted  to  Congress 
by  the  President ;  or  for  the  purpose  of  paying  its  own  ex- 
penses and  contingencies  ;  or  for  the  payment  of  claims 
against  the  Confederate  States,  the  justice  of  which  shall 
have  been  judicially  declared  by  a  tribunal  for  the  investi- 
gation of  claims  against  the  government,  which  it  is  hereby 
made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  money  shall  specify  in  federal 
currency  the  exact  amount  of  each  appropriation  and  the 
purposes  for  which  it  is  made  ;  and  Congress  shall  grant  no 


GEORGIA  CONVENTION. 


169 


■extra  compensation  to  any  public  contractor,  officer,  agent 
or  servant,  after  such  contract  shall  have  been  made  or  such 
service  rendered. 

11.  No  title  of  nobility  shall  be  granted  by  the  Confede- 
rate States  ;  and  no  person  holding  any  office  of  profit  or 
trust  under  them,  shall,  without  the  consent  of  the  Con- 
gress, accept  of  any  present,  emolument,  office  or  title  of 
any  kind  whatever  from  any  king,  prince  or  foreign  State. 

12.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech,  or  of  the  press  ;  or  the 
right  of  the  people  peaceably  to  assemble  and  petition  the 
government  for  a  redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the  secu- 
rity of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner  ;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

15.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects  against  unreasonable  searches 
and  seizures,  shall  not  be  violated  ;  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affir- 
mation, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in- 
dictment of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual  ser- 
vice, in  time  of  war  or  public  danger  ;  nor  shall  any  person 
be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy 
of  life  or  limb  ;  nor  be  compelled,  in  any  criminal  case,  to 
be  a  witness  against  himself;  nor  be  deprived  of  life,  liber- 
ty, or  property,  without  due  process  of  law  ;  nor  shall  pri- 
vate property  be  taken  for  public  use,  without  just  compen- 
sation. 

17.  In  all  criminal  prosecutions  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 


170  JOURNAL  OF  THE 


tained  by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation  ;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor;  and  to  have  the  assistance  of  counsel 
for  his  defence. 

18.  In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved  ;  and  no  fact  so  tried  by  a  jury  shall  be 
otherwise  re-examined  in  any  court  of  the  Confederacy, 
than  according  to  the  rules  of  the  common  law. 

19.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

20.  Every  law  or  resolution  having  the  force  of  law,  shall 
relate  to  but  one  subject,  and  that  shall  be  expressed  in  the 
title. 

Section  10. 

1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation ;  grant  letters  of  marque  and  reprisal,  coin  money; 
make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debts ;  pass  any  bill  of  attainder,  or  ex  'post  facto 
law,  or  law  impairing  the  obligation  of  contracts  :  or  grant 
any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws ;  and  the  nett  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  treasury  of  the  Confederate  States ;  and  all  such 
laws  shall  be  subject  to  the  revision  and  control  of  Con- 
gress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  except  on  sea-going  vessels,  for  the 
improvement  of  its  rivers  and  harbors  navigated  by  the 
said  vessels ;  but  such  duties  shall  not  conflict  with  any 
treaties  of  the  Confederate  States  with  foreign  nations  ; 
and  any  surplus  revenue,  thus  derived,  shall,  after  making 
such  improvement,  be  paid  into  the  common  treasury.  Nor 
shall  an}^  State  keep  troops  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another  State, 
or  with  a  foreign  power,  or  engage  in  war,  unless  actually 


GEORGIA  CONVENTION. 


172 


invaded,  or  in  such  imminent  danger  as  will  not  admit  of 
delay.  But  when  any  river  divides  or  flows  through  two 
or  more  States,  they  may  enter  into  compacts  with  each 
other  to  improve  the  navigation  thereof. 

ARTICLE  II. 

Section  1. 

1.  The  executive  power  shall  be  vested  in  a  President  of 
the  Confederate  States  of  America.  He  and  the  Vice-Pre- 
sident shall  hold  their  offices  for  the  term  of  six  years  ;  but 
the  President  shall  not  be  re-elisrible.    The  President  and 

o 

Vice  President  shall  be  elected  as  follows  : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors  equal  to 
the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress  ;  but  no 
Senator  or  Representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  Confederate  States,  shall  be  ap- 
pointed an  elector. 

3.  The  electors  shall  meet  in  their  respective  States  and 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice  President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of 
all  persons  voted  for  as  Vice  President,  and  of  the  number 
of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit,  sealed,  to  the  seat  of  government  of  the 
Confederate  States,  directed  to  the  President  of  the  Senate; 
the  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  cer- 
tificates, and  the  votes  shall  then  be  counted ;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  no  such  person  have 
such  majority,  then,  from  the  persons  having  the  highest 
numbers,  not  exceeding  three,  on  the  list  of  those  voted  for 
as  President,  the  House  of  Representatives  shall  choose  im- 
mediately, by  ballot,  the  President.    But  in  choosing  the 


172 


JOURNAL  OF  THE 


President,  the  votes  shall  be  taken  by  states,  the  represen- 
tation from  each  state  having  one  vote;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from  two- 
thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representa- 
tives shall  not  choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice  President  shall  act  as 
President,  as  in  case  of  the  death,  or  other  constitutional 
disability  of  the  President. 

4.  The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  number 
be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  no  person  have  a  majority,  then,  from  the  two  high- 
est numbers  on  the  list  the  Senate  shall  choose  the  Vice- 
President;  a  quorum  for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  Senators,  and  a  majority  of 
the  whole  number  shall  be  necessary  to  a  choice. 

5.  But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice-President  of 
the  Confederate  States. 

6.  The  Congress  may  determine  the  time  of  choosing 
the  electors,  and  the  day  on  which  they  shall  give  their 
votes;  which  day  shall  be  the  same  throughout  the  Confed- 
erate States. 

7.  No  person  except  a  natural-born  citizen  of  the  Con- 
federate States,  or  a  citizen  thereof,  at  the  time  of  the 
adoption  of  this  Constitution,  or  a  citizen  thereof  born  in 
the  United  States  prior  to  the  20th  December,  1860,  shall 
be  eligible  to  the  office  of  President ;  neither  shall  any 
person  be  eligible  to  that  office  who  shall  not  have  attained 
the  age  of  thirty-five  years,  and  been  fourteen  years  a  resi- 
dent within  the  limits  of  the  Confederate  States,  as  they 
may  exist  at  the  time  of  his  election. 

8.  In  case  of  the  removal  of  the  President  from  office, 
or  of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  devolve 
on  the  Vice-President ;  and  the  Congress  may,  by  law,  pro- 
vide for  the  case  of  removal,  death,  resignation,  or  inability 
both  of  the  President  and  Vice-President,  declaring  what 
officer  shall  then  act  as  President,  and  such  officer  shall  act 


GEORGIA  CONVENTION. 


173 


accordingly  until  the  disability  be  removed  or  a  President 
shall  be  elected. 

9.  The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  for  which  he  shall  have 
been  elected;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  Confederate  States,  or  any 
of  them. 

10.  Before  he  enters  on  the  execution  of  his  office,  lie 
shall  take  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect,  and 
defend  the  constitution  thereof.'' 

Section  2. 

1.  The  President  shall  be  commander-in-chief  of  the 
army  and  navy  of  the  Confederate  States,  and  of  the  militia 
of  the  several  States,  when  called  into  the  actual  service  of 
the  Confederate  States;  he  may  require  the  opinion,  in 
writing,  of  the  principal  officer  in  each  of  the  Executive 
Departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  Confederate 
States,  except  in  cases  of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two- 
thirds  of  the  Senators  present  concur;  and  he  shall  nomi- 
nate, and  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  ambassadors,  other  public  ministers  and  con- 
suls, Judges  of  the  Supreme  Court,  and  all  other  officers  of 
the  Confederate  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
law;  but  the  Congress  may,  by  law,  vest  the  appointment 
of  such  inferior  officers,  as  they  may  think  proper,  in  the 
President  alone,  in  the  courts  of  law  or  in  the  heads  of 
Departments. 

3.  The  principal  officer  in  each  of  the  Executive  Depart- 
ments, and  all  persons  connected  with  the  diplomatic 
service,  may  be  removed  from  office  at  the  pleasure  of  tile 
the  President.  All  other  civil  officers  of  the  Executive 
Department  may  be  removed  at  any  time  by  the  President, 


174 


JOURNAL  OF  THE 


or  other  appointing  power,  when  their  services  are  un- 
necessary, or  for  dishonesty,  incapacity,  inefficiency,  mis- 
conduct, or  neglect  of  duty;  and  when  so  removed,  the 
removal  shall  be  reported  to  the  Senate,  together  with  the 
reasons  therefor. 

4.  The  President  shall  have  power  to  fill  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions  which  shall  expire  at  the  end  of  their  next 
session;  but  no  person  rejected  by  the  Senate  shall  be 
re-appointed  to  the  same  office  during  their  ensuing  re- 
cess. 

Section  3. 

1.  The  President  shall,  from  time  to  time,  give  to  the 
Congress  information  of  the  state  of  the  Confederacy,  and 
recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient;  he  may,  on  extraordinary 
occasions,  convene  both  Houses,  or  either  of  them ;  and  in 
case  of  disagreement  between  them,  with  respect  to  the 
time  of  adjournment,  he  may  adjourn  them  to  such  time  as 
he  shall  think  proper;  he  shall  receive  ambassadors  and 
other  public  ministers;  he  shall  take  care  that  the  laws  be 
faithfully  executed,  and  shall  commission  all  the  officers  of 
the  Confederate  States. 

Section  4. 

1.  The  President,  Vice  President,  and  all  civil  officers 
of  the  Confederate  States,  shall  be  removed  from  office  on 
impeachment  for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. 

ARTICLE  III. 
Section  1. 

1.  The  judicial  power  of  the  Confederate  States  shall 
be  vested  in  one  Supreme  Court,  and  in  such  Inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  estab- 
lish. The  judges,  both  of  the  Supreme  and  Inferior 
Courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation, which  shall  not  be  diminished  during  their  continu- 
once  in  office. 


GEORGIA  CONVENTION. 


175 


Section  2. 

1.  The  judicial  power  shall  extend  to  all  cases  arising 
under  this  Constitution,  the  laws  of  the  Confederate  States, 
and  treaties  made  or  which  shall  be  made  under  their 
authority;  to  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls  ;  to  all  cases  of  admiralty  and  mara- 
time  jurisdiction;  to  controversies  to  which  the  Confed- 
erate States  shall  be  a  party ;  to  controversies  between  two 
or  more  states:  between  a  state  and  a  citizen  of  another 
state  where  the  state  is  plaintiff;  between  citizens  claiming 
lands  under  grants  of  different  states ;  and  between  a  state 
or  a  citizen  thereof,  and  foreign  states,  citizens  or  subjects; 
but  no  state  shall  be  sued  by  a  citizen  or  subject  of  any 
foreign  state. 

2.  In  all  cases  affecting  ambassadors,  other  public  min- 
isters, and  consuls,  and  those  in  which  a  state  shall  be  a 
party,  the  supreme  court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  supreme  court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  make. 

-3.  The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury,  and  such  trial  shall  be  held  in  the 
state  where  the  said  crimes  shall  have  been  committed  ;  but 
when  not  committed  within  any  state,  the  trial  shall  be  at 
such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

Section  3. 

1.  Treason  against  the  Confederate  States  shall  consist 
only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act  or  on  confession  in  open  court 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 


276 


JOURNAL  OF  THE 


ARTICLE  IV. 
Section  1. 

1 .  Full  faith  and  credit  shall  be  given  in  each  state  to 
the  public  acts,  records,  ard  judicial  proceedings  of  every 
other  state.  And  the  Congress  may,  by  general  laws,  pre- 
scribe the  manner  in  which  such  acts,  records,  and  proceed- 
ings shall  be  proved,  and  the  effect  thereof. 

Section  2. 

1.  The  citzens  of  each  State  shall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  several  States, 
and  shall  have  the  right  of  transit  and  sojourn  in  any  State 
of  this  Confederacy,  with  their  slaves  and  other  property  : 
and  the  right  of  property  in  said  slaves  shall  not  be  thereby 
impaired. 

2.  A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime  against  the  laws  of  such  State,  who  shall 
flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  Executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

3.  No  slave  or  other  person  held  to  service  or  labor  in  any 
State  or  territory  of  the  Confederate  States,  under  the  laws 
thereof,  escaping  or  lawfully  carried  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  be  discharg- 
ed from  such  service  or  labor  :  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  slave  belongs,  or  to  whom 
such  service  or  labor  may  be  due. 

Section  3. 

1.  Other  States  may  be  admitted  into  this  Confederacy 
by  a  vote  of  two-thirds  of  the  whole  House  of  Representa- 
tives, and  two-thirds  of  the  Senate,  the  Senate  voting  by 
States  ;  but  no  new  State  shall  be  formed  or  erected  with- 
in the  jurisdiction  of  any  other  State  ;  nor  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  legislature  of  the  States 
concerned  as  well  as  of  the  Congress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 


GEORGIA  CONVENTION. 


177 


all  needful  rules  and  regulations  concerning  the  property  of 
the  Confederate  States,  including  the  lands  thereof. 

3.  The  Confederate  States  may  acquire  new  territory ; 
and  Congress -shall  have  power  to  legislate  and  provide 
governments  for  the  inhabitants  of  all  territory  belonging  to 
the  Confederate  States,  lying  without  the  limits  of  the 
several  States  ;  and  may  permit  them,  at  such  times,  and  in 
such  manner  as  it  may  by  law  provide,  to  form  States  to 
be  admitted  into  the  Confederacy.  In  all  such  territory, 
the  institution  of  negro  slavery  as  it  now  exists  in  the  Con- 
federate States,  shall  be  recognized  and  protected  by  Con- 
gress, and  by  the  territorial  government:  and  the  inhabi- 
tants of  the  several  Confederate  States  and  Territories,  shall 
have  the  right  to  take  to  such  territory, -any  slaves  lawfully 
held  by  them  in  any  of  the  States  or  territories  of  the  Con- 
federate States. 

•  *JjJiLS&*':h-J?  .-ft'**  *..*»*t  ••*»•">•        K'  \!,t-*r  .-r^'f, 

4.  The  Confederate  States  shall  guaranty  to  every  State 

that  now  is,  or  hereafter  may  become  a  member  of  this 
Confederacy,  a  republican  form  of  government,  and  shall 
protect  each  of  them  against  invasion  ;  and  on  application 
of  the  legislature  (or  of  the  Executive  when  the  legislature 
is  not  in  session)  against  domestic  violence. 

ARTICLE  V. 
Section  1. 

1.  Upon  the  demand  of  any  three  States,  legally  assem- 
bled in  their  several  Conventions,  the  Congress  shall  summon 
a  Convention  of  all  the  States,  to  take  into  consideration 
such  amendments  to  the  Constitution  as  the  said  States  shall 
concur  in  suggesting  at  the  time  when  the  said  demand  is 
made  ;  and  should  any  of  the  proposed  amendments  to  the 
Constitution  be  agreed  on  by  the  said  Convention — voting 
by  States — and  the  same  be  ratified  by  the  legislatures  of 
two-thirds  of  the  several  States,  or  by  Conventions  in  two- 
thirds  thereof— as  the  one  or  the  other  mode  of  ratification 
may  be  proposed  by  the  general  Convention— they  shall 
thenceforward  form  a  part  of  this  Constitution.  But  no 
State  shall,  without  its  consent,  be  deprived  of  its  equal 
represention  in  the  Senate. 
12 


178  JOURNAL  OF  THE 

ARTICLE  VI. 

1.  The  Government  established  by  this  Constitution  is 
the  successor  of  the  Provisional  Government  of  the  Con- 
federate States  of  America,  and  all  the  laws  passed  by  the 
latter  shall  continue  in  force  until  the  same  shall  be  repeal- 
ed or  modified ;  and  all  the  officers  appointed  by  the  same 
shall  remain  in  office  until  their  successors  are  appointed 
and  qualified,  or  the  offices  abolished. 

2.  All  debts  contracted  and  engagements  entered  into  be- 
fore the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  Confederate  States  under  this  Constitution  as 
under  the  Provisional  Government. 

3.  This  Constitution,  and  the  laws  of  the  Confederate 
States,  made  in  pursuance  thereof,  and  all  treaties  made,  or 
which  shall  be  made  under  the  authority  of  the  Confederate 
"States,  shall  be  the  supreme  law  of  the  land  ;  and  the  judges 
in  every  State  shall  be  bound  thereby,  anything  in  the  con- 
stitution or  laws  of  any  State  to  the  contrary  notwithstand- 
ing. 

L  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  Confederate 
States,  and  of  the  several  States,  shall  be  bound  by  oath  or 
affirmation,  to  support  this  Constitution  :  but  no  religious 
test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  Confederate  States. 

Hi  The  enumeration,  in  the  Constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people  of  the  several  States. 

6.  The  powers  not  delegated  to  the  Confederate  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States,  respectively,  or  to  the  people  there- 
of. 

ARTICLE  VII. 

1.  The  ratification  of  the  Conventions  of  five  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

When  five  States  shall  have  ratified  this  Constitution, 


GEORGIA  CONVENTION.  179 

in  the  manner  before  specified,  the  Congress  under  the  Pro- 
visional Constitution,  shall  prescribe  the  time  for  holding 
the  election  of  President  and  Vice  President ;  and,  for  the 
meeting  of  the  Electoral  College ;  and,  for  counting  the 
votes,  and  inaugurating  the  President.  They  shall,  also, 
prescribe  the  time  for  holding  the  first  election  of  members 
of  Congress  under  this  Constitution,  and  the  time  for  as- 
sembling the  same.  Until  the  assembling  of  such  Congress, 
the  Congress  under  the  Provisional  Constitution  shall  con- 
tinue to  exercise  the  legislative  powers  granted  them  ;  not 
extending  beyond  the  time  limited  by  the  Constitution  of 
the  Provisional  Government. 

EXTRACT  FROM  THE  JOURNAL  OF  THE  CONGRESS. 


Congress,  March  11,  1861. 

On  the  question  of  the  adoption  of  the  Constitution  of 
the  Confederate  States  of  America,  the  vote  was  taken  by 
yeas  and  nays ;  and  the  Constitution  was  unanimously 
adopted,  as  follows : 

Those  who  voted  in  the  affirmative,  being,  Messrs.  Wal- 
ker, Smith,  Curry,  Hale,  McRae;  Shorter  and  Fearn,  of  Ala- 
bama, (Messrs.  Chilton  and  Lewis  being  absent)  ;  Messrs. 
Morton,  Anderson  and  Owens,  of  Florida  ;  Messrs.  Toombs, 
Howell  Cobb,  Bartow,  Msbet,  Hill,  Wright,  Thomas  R.  II. 
Cobb  and  Stephens,  of  Georgia,  (Messrs.  Crawford  and  Ken- 
an beiag  absent) ;  Messrs.  Perkins,  deClouet,  Conrad,  Ken- 
ner,  Sparrow  and  Marshall,  of  Louisiana ;  Messrs*  Harris, 
Brooke,  Wilson,  Clayton,  Barry  and  Harrison,  of  Mississip- 
pi, (Mr.  Campbell  being  absent) ;  Messrs.  Rhett,  Barnwell, 
Keitt,  Chesnut,  Memminger,  Miles,  Withers  and  Boyce,  of 
South  Carolina  ;  Messrs.  Reagan,  Hemphill,  Waul,  Greg*?, 
Oldham  and  Ochiltree,  of  Texas,  ( Mr.  Wigfall  being  ab- 
sent.) 

A  true  copy  :  J.  J.  HOOPER, 

Secretary  of  the  Congress. 


Congress,  March  11,  1861. 
I  do  hereby  certify  that  the  foregoing  are,  respectively, 


180 


JOURNAL  OF  THE 


true  and  correct  copies  of  "  The  Constitution  of  the  Con- 
federate States  of  America,"  unamiously  adopted  this  day, 
and  of  the  yeas  and  nays,  on  the  question  of  the  adoption 
thereof. 

HOWELL  COBB, 

i 


President  ol  the  Congress. 


2d.  A  communication  from  Win.  J.  Vason,  Esq.,  Com- 
missioner from  Georgia  to  the  State  of  Louisiana,  with 
accompanying  documents. 

3d.  A  communication  from  Samuel  Hal],  Esq.,  Commis- 
sioner from  Georgia  to  the  State  of  North  Carolina,  with 
accompanying  document. 

4th.  A  communication  from  A.  R.  Wright,  Esq.,  Com- 
missioner from  Georgia  to  the  State  of  Maryland. 

All  of  which  (Mr.  Hull  being  in  the  chair)  were  taken 
up,  read,  and  ordered  to  he  recorded  in  the  appendix  to  the 
to  the  journal. 

Mr.  Nisbet  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Resolved,  That  the  Constitution  of  the  Confederate  States 
of  America,  be  the  order  of  the  day  for  to-morrow  at  10 
o'clock,  A.  M. 

Mr.  Hawkins  offered  the  following  resolution,  which 
was  read  : 

Resolved,  That  a  Committee  of  sixteen,  two  from  each 
Congressional  District  as  now  organized  be  appointed  to 
arrange  ten  Congressional  Districts  for  the  State  upon  the 
basis  of  the  new  Constitution,  and  report  at  the  earliest 
practicable  time. 

The  President  announced  the  following  as  the  Committee 
of  twenty-four,  three  from  each  Congressional  District,  to 
apportion  the  Senatorial  Districts,  and  report  an  Ordinance 
in  accordance  therewith,  to-wit : 

Mr.  RODDEY,  Chairman, 

from  the  3d  District. 
1st  District,  Messrs.  Varuadoe,  j 
Gaulden, 
Yopp. 


GEORGIA  CONVENTION. 


181 


2d  District,  Messrs.  Clarke, 

Furlow, 

Dozier. 
3rd  District,  Messrs.  Long, 

Lamar,  of  Bibb. 
4th  District,  Messrs.  Tidwell, 

Hoyle, 

Beasley. 

5th  District,  Messrs.  Shropshire,  of  Floyd, 

Chastain, 

Dabney. 
Gth  District,  Messrs.  Hull, 

Martin,  of  Lumpkin, 

McDaniel. 

7th  District,  Messrs.  Briscoe, 
Keese, 
Fitzpatrick. 

8th  District,  Messrs.  Singleton, 

Neal,  of  Columbia, 
Johnson,  of  Oglethorpe. 

Mr.  Logan  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Resolved,  That  the  Committee  on  the  "  Constitution  and 
Laws  of  this  State,  and  the  Constitution  of  the  United 
States"  be  instructed  to  inquire  into  the  propriety  of  re- 
porting an  Ordinance  to  this  Convention,  consenting  to  the 
location  of  the  permanent  capitol  of  the  Confederate  States 
of  America  within  the  State  of  Georgia,  and  granting 
limited  jurisdiction  over  such  portion  of  territory  as  may 
be  necessary  for  that  purpose. 

Mr.  Poe  offered  the  following  resolution,  which  was  taken 
up,  read,  and  referred  to  the  Committee  on  the  Constitu- 
tion and  Laws  of  the  State,  and  the  Constitution  of  the 
United  States,  to-wit : 

Resolved,  That  when  any  case  shall  be  called  for  trial,  in 
any  of  the  Courts  of  this  State,  if  it  shall  be  made  to  ap- 
pear that  either  party  is  unprepared  to  proceed  to  trial  by 
reason  of  said  party  or  his  counsel  being,  or  having  been 
engaged  in  the  military  service  of  this  State,  or  of  any  of 


1S2 


JOURNAL  OF  THE 


the  States  of  this  Confederacy,  then,  and  in  that  case,  it 
shall  be  the  duty  of  the  presiding  Judge,  or  Justices,  to 
continue  said  case  generally. 

Leave  of  absence  was  granted  to  Messrs.  Flewellen, 
Strother,  Turner  of  Hancock,  Patterson,  Giles,  Beck,, 
Moore,  of  Bulloch,  and  Dennis. 

On  motion  of  Mr.  Varnadoe,  the  Convention  then  went 
into  secret  session,  and  having  spent  some  time  therein,  it 
adjourned  till  ten  o'clock,  to-morrow  morning. 


SATURDAY,  MARCH  16,  1861. 

The  Convention  met  pursuant  to  adjournment,  and 
was  opened  with  prayer  by  the  Rev.  Mr.  Baker. 

A  quorum  being  present,  the  Journal  was  read. 

On  motion  of  Mr.  Nisbet,  the  doors  were  closed,  and  the 

Convention  went  into  secret  session, 
j 

On  motion  of  Mr.  Stephens,  of  Taliaferro,  the  Constitu- 
tion adopted  unanimously  by  the  Congress  of  the  Confed- 
erate States  of  America,  at  Montgomery,  March  11,  1861, 
and  submitted  to  this  Convention  of  the  People  of  Geor- 
gia for  ratification,  was  taken  up  and  read. 

Mr.  Alexander,  of  Upson,  offered  the  following  resolu- 
tion : 

Resolved,  That  the  ConstitutioE  adopted  by  the  Congress 
at  Montgomery  on  the  11th  day  of  March,  1S61,  for  the 
permanent  government  of  the  Confederate  States  of  Amer- 
ica, be  referred  to  a  committee  of  seven,  with  instructions 
to  frame  and  report,  during  this  morning's  session,  an  Or- 
dinance to  accept  and  ratify  the  same  for  the  State  of 
Georgia. 

The  resolution  was  taken  up,  read  and  adopted. 

The  President  announced  the  following,  as  the  commit- 
tee of  seven  under  the  foregoing  resolution,  to-wit : 


GEORGIA  CONVENTION. 


183 


Messrs.  Alexander,  of  Upson, 
Fleming, 
Rice, 

Crawford,  of  G-reene. 
AVarner, 
Clarke  and 
Reese. 

Mr.  Clarke  offered  the  following'  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Resolved,  That  a  committee  of  three  be  appointed  by 
the  President  to  report  to  this  body  the  number  of  Journ- 
als of  the  proceedings  of  this  Convention  to  be  published 
tor  distribution,  together  with  the  manner  of  printing  and 
binding  ;  and  to  report,  also,  upon  the  compensation  to  be 
allowed  the  Secretary  and  his  assistant  for  their  services. 

Whereupon  the  President  announced  the  following  as 
the  committee  under  the  foregoing  resolution,  to- wit  : 
Messrs.  Clarke, 

Bartow  and 
Chastain. 

Mr.  Carswell,  from  the  Committee  on  Accounts  offered 
the  following  resolution,  which  was  taken  up  and  read: 

Resolved,  That  the  members  of  this  Convention  be  al- 
lowed mileage  to  and  from  this  Convention  at  its  second 
session,  the  distance  to  be  computed  to  MilledgeviJle. 

Mr.  Martin,  of  Lumpkin,  offered  the  following,  as  a  sub- 
stitute therefor  : 

Resolved,  That  the  State  Treasurer  be  instructed  to  set- 
tle with  the  Delegates  of  this  Convention,  their  per  diem 
pay  and  mileage  from  their  residences  the  most  direct 
route  to  and  from  Savannah,  for  the  second  session  of  this 
Convention. 

Mr.  Styles  moved  the  "previous  question,"  which  being 
seconded  and  sustained,  the  main  question,  to-wit :  the 
adoption  of  Mr.  Carswell' s  resolution,  was  put  when  the 
yeas  and  nays  were  demanded  to  be  recorded. 

The  yeas  are  150,  nays  106,  to-wit ; 


184 


JOURNAL  OF  THE 


Those  who  voted  in  the  affirmative  are  Messrs. 


Alexander  of  Fulton, 
Arnold, 

Beall  of  Banks, 
Bell  of  Forsyth, 
Beall  of  Troup, 
Blalock, 
Bowen, 

Brown  of  Houston, 

Burch, 

Bush, 

Butts, 

Byrd, 

Cannon  of  Rabun, 
Cannon  of  Wayne, 
Cantrell, 
Carswell, 
Chastain, 
Cheshier, 
Cleveland, 
Cochran  of  Terrell, 
Coleman, 
Collins, 
Corn, 
Cox, 

Davis  of  Chattahoochee, 

Davenport  of  Sumter, 

Day, 

Deupree, 

Dewberry, 

Dickerson, 

Fain, 

h  arnsworth, 

Fitzpatrick, 

Ford, 

Fort  of  Wayne, 

Fouche, 

Freeman, 

French, 

Garvin, 

Glenn  of  Oglethorpe, 

Glover, 

Gordon, 

Graham, 

Hall, 

Haines, 

Hamilton, 


Hammond, 
Hargroves, 
Harris  of  Glynn, 
Harris  of  Mcintosh, 
Harris  of  Meriwether, 
Hawkins, 
Head, 
Henderson, 
Hendricks, 
Hill  of  Hart, 
Hoyal, 
Howell, 

Hudson  of  Gwinnetfc, 
Huggins, 
Hust, 
Jackson, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jones  of  Burke, 

Ketch  um, 

Kimsey, 

Kirkland, 

Lamar  of  Lincoln, 

Lamb, 

Lattimer  of  Appling, 
Lattimer  of  Montgomery, 
Low, 
Long, 

Mabry  of  Berrien, 
Manson, 

Martin  of  Elbert, 

Martin  of  Lumpkin, 

Martin  of  Merriwether, 

McConnell  of  Catoosa, 

McCulloch, 

McLain, 

McLeod, 

Mershon, 

Milton, 

Moor  of  Spalding, 

Mounger, 

Munnerlyn, 

Neal  of  Columbia, 

Newton, 

Nisbet, 


GKE ORGIA  C OX VEXTIOX . 


IBS 


Overstreet, 
Padget, 
Patrick, 
Perkins, 

Phinizy  of  Monroe, 

Pickett. 

Pierce, 

Pin son. 

Pofford, 

Prescott, 

Price, 

Ppuett, 

Ramsey  of  Clinch, 
Rarnsev  of  Muscogee. 
Reed,  t 

Richardson  of  Lee, 
Roddey, 
Rutherford. 
Sheffield  of  Calhoun. 
Shell, 
Skelton, 

Simmons  of  Pickens, 

Singleton, 

Sirmons, 

Sisk, 

Smith  of  Charlton, 
Smith  of  DeKalb, 
Smith  of  Johnson, 
Stapleton, 


Starr, 

Stephens  of  Hancock, 

Stephens  of  Monroe, 

Stephens  of  Pierce, 

Street, 

Styles, 

Taliaferro, 

Tidwell, 

Tillman, 

Tomlinson. 

Troup, 

Tucker   of  Colquitt. 

Tucker  of  Laurens, 

Turner  of  Wilcox, 

Walton, 

Waterhouse. 

Webb, 

Wellborn, 

West, 

\\  helchel, 

Wicker, 

Williams  of  Chattooga, 

Williams  of  Mcintosh. 

Williamson, 

Wood, 

Wright, 

Yates, 

Young  of  Gordon. 
Young  of  Irwin. 


Those  who  voted  in  the  negative  are  Messrs. 


Adams  of  Camden, 

Adams  of  Putnam, 

Algood, 

Banks, 

Beaslev. 

Bennins:, 

Black,  ~ 

Brew  ton, 

Briscoe, 

Brown  of  Marion, 

Brown  of  Webster, 

Buchanan, 

Bullard, 

Burnett, 

Calhoun, 

Carson, 

Casev, 


Clarke, 

Cochran  of  Wilkinson, 

Cobb, 

Cody, 

Colquitt, 

Crawford  of  Richmond, 

Dabney, 

Daniel, 

Davis  of  Putnam, 

Davenport  of  Clay, 

Douglass, 

Dozier, 

Ellington, 

Fields, 

Fort  of  Stewart, 

Frier, 

Furlow, 


186 


JOURNAL  OF  THE 


Gardner, 
Gee, 

Gliolston, 
Glenn  of  Fulton, 
Gray, 
Gunn, 
Hale, 
Harvill, 

Harris  of  Hancock, 

Harvey, 

Hendry, 

Herrington, 

Hilliard, 

Hood, 

Hudson  of  Harris, 

Hull, 

Jennings, 

Johnson  of  Oglethorpe, 

Jones  of  Chatham, 

Jordan, 

Kenan, 

Killgore, 

Knox, 

Lamar  of  Bibb, 
Lester, 
Lindley, 
jOgan, 
Logue, 
Lyle, 
Mallary, 
Marshall, 

McConnell  of  Cherokee, 

McDaniel, 

McRae, 

Means, 

Mitchell, 


Montgomery, 
Neal  of  Talbot, 
Paris, 

Phinizy  of  Richmond, 
Pitt  man, 
Poe, 
Ponder, 
Porter, 
Poullain, 
Reynolds, 
Rice, 
Robinson, 
Sherman, 
Sharpe. 

Sheffield  of  Early, 
Shropshire  of  Floyd, 
Slater, 
Simms, 

Smith  of  Talbot, 

Solomons, 

Spence, 

Stephens  of  Taliaferro, 

Strickland  of  Forsyth, 

Strickland  of  Tatnall, 

Thomas  of  Dooly, 

Thomas  of  Whitfield, 

Trippe, 

Usry, 

Varnadoe, 

Whitehead, 

Willingham, 

Williams  of  Harris, 

Willis, 

Winn  of  Cobb, 
Winn  of  Gwinnett, 
Word, 


So  the  resolution  was  adopted. 

Mr.  Stephens,  of  Taliaferro,  laid  on  the  table  the  follow- 


ing ordinance 


AN  ORDINANCE 


Additional  to  a  previous  ordinance  of  the  Convention  on  the 
subject  of  citizenship. 

Be  it  ordained  by  the  people  of  Georgia  in  sovereign  Convention 
assembled, 

That  all  white  persons  resident  in  the  State  at  the  time 


GE  ORG  I A   G  0  X VEXTI OX . 


1S7 


of  the  secession  of  the  State  from  the  United  States,  with 
the  bona  fide  intention  of  making  it  the  place  of  their  abode, 
shall  be  considered  as  citizens  of  this  State  without  refer- 
ence to  the  place  of  birth  :  Providal.  that  any  person  not 
born  in  this  State,  can  except  hi  in  or  herself  from  the  ope- 
ratiun  of  this  ordinance  by  a  declaration  in  any  Court  of 
Record  in  the  State  within  three  months  from  this  date 
that  he  or  she  does  not  wish  to  be  considered  a  citizen  of 
this  State. 

On  motion  of  ttf*  Stephens  (of  Taliaferro)  the  ordinance 
was  taken  up,  read  twice,  and  adopted. 

Mr.  Cobb  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  the  Constitution  and 
Laws  be  instructed  to  revise  the  Constitution  of  the  State 
of  Georgia,  and  report  the  same  to  this  Convention,  with 
such  alterations  and  amendments  as  they  may  recommend 
for  adoption. 

The  resolution  was  taken  up  and  read,  when 
Mr.  Clarke  offered  the  following  amendment : 

"  But  the  subject  of  reduction  being  now  before  the  Con- 
vention is  not  submitted  to  said  committee  until  after  the 
final  action  of  this  Convention  on  that  subject." 

The  amendment  was  received,  and  the  resolution,  as 
amended,  was  adopted. 

Mr.  Alexander,  of  Upson,  from  the  Committee  of  Seven, 
who  were  instructed  to  report  this  morning  an  ordinance  to 
adopt  and  ratify  the  Constitution  of  the  Confederate  States 
of  America,  reported  the  following  : 

ORDINANCE 

To  adopt  and  ratify  the  Constitution  of  the  Confederate 
States  of  America. 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  assembled, 
and  it  is  hereby  ord.ained  by  the  authoritii  of  the  same, 

That  the  Constitution  adopted  by  the  Congress  at  Mont- 
gomery, in  the  State  of  Alabama,  on  the  eleventh  day  of 


1S8 


JOURNAL    OF  THE 


March,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  sixty-one,  for  the  "  permanent  federal  government" 
of  the  Confederate  States  of  America,  be,  and  the  same  is 
hereby  adopted  and  ratified  by  the  State  of  Georgia,  "  act- 
ing in  its  sovereign  and  independent  character." 

Mr.  Stephens,  of  Taliaferro,  moved  to  take  up  and  agree 
to  the  report,  upon  which  motion  Mr.  Hull  demanded  that 
the  yeas  and  nays  be  recorded. 

^  ,   *  • 

There  are  yeas  276  ;  nays  none. 

Those  who  voted  in  the  affirmative  are  Messrs. 


Adams  of  Camden, 
Adams  of  Putnam, 
Alexander  of  Fulton, 
Alexander  of  Upson, 
Algood, 
Arnold, 
Banks, 
Bartow, 
Beasley, 
Bell  of  Banks, 
Bell  of  Forsyth, 
Beall  of  Troup, 
Benning, 
Black, 
Blalock, 
Bo  wen, 
Bozeman, 
Brewton, 
Briggs, 
Briscoe, 

Brown  of  Houston, 
Brown  of  Marion, 
Brown  of  Webster, 
Bryan, 
Buchanan, 
Bullard, 
Burch, 
Burnett, 
Bush, 
Butts, 
Calhoun, 

Cannon  of  Rabun, 
Cannon  of  Wayne, 
Cantrell, 


Carson, 

Carswell, 

Casey, . 

Ch  as  tain, 

Cheslner, 

Clarke, 

Cleveland, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Cobb, 

Cody, 

Colemail, 

Collins, 

Colquitt, 

Corn, 

Cox, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Dabney, 
Daniel, 

Davis  of  Chattahoochee, 

Davis  of  Putnam, 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Day, 

Deupree, 

Dewberry, 

Dickerson, 

Douglass, 

Dozier, 

Ellington, 

Fain, 

Farns  worth, 
Fleming, 


GEORGIA  CONVENTION. 


189 


Fields, 

Fitzpatrick, 

Ford, 

Fort  of  Stewart, 
Fort  of  Wayne, 
Fouche, 


Freeman, 
Frier, 
French, 


Furlow. 
Gaulden. 
Gardner 


Garvm, 
Gee. 


Gholston. 


Glenn  of  Fulton, 
Glenn  of  Oglethorpe. 
Glover, 
Gordon, 
Graham, 
Gray, 
Gunn, 
Hale, 
Hall, 
Haines, 
Hamilton, 
Hammond. 
Hansell, 
Ha  rg  roves, 
Harville, 
Harris  of  Glynn, 
Harris  of  Hancock, 
Harris  of  Mcintosh, 
Harris  of  Meriwether, 
H  arvey , 
Hawkins, 
Head, 
Henderson, 
Hendry, 
Hendricks, 
Herrin^ton, 
Hill  of  Hart, 
Hill  of  Troup, 
Hilliard, 
Hood. 
Hoval, 
Howell, 

Hudson  of  Gwinnett. 


Hudson  of  Harris. 

Huggins. 

HulL 

Humphries, 
Hust, 
Jackson. 
Jennings, 

Johnson  of  Clayton, 

Johnson  of  Hall. 

Johnson  of  Jefferson, 

Johnson  of  Oglethorpe, 

Jones  of  Burke, 

Jones  of  Chatham, 

Jordan. 

Kenan, 

Ketchum, 

Killgore, 

Kimsev. 

Kirkland, 

Knox, 

Lamar  of  Lincoln, 
Lamar  of  Bibb, 
Lamb. 

Lattimer  of  Appling, 

L  a  1 1  i  m  e  r  o  f  M  o  n  t  g  o  m  e  ry , 

Low, 

Lester, 

Lindley, 

Logan, 

Logue, 

Long, 

Lyle, 

Mabry  of  Berrien, 

Mabrv  of  Heard, 

Mallary, 

Manson, 

Marshall, 

Martin  of  Elbert, 

Martin  of  Lumpkin, 

Martin  of  Meriwether, 

McConnell  of  Catoosa, 

McConnell  of  Cherokee, 

McCulloch, 

McDaniel, 

Mc  Griff, 

McLain, 

McLeod, 

MeRae, 


190 


JOURNAL    OF  THE 


Means, 
Mershon, 
Milton, 
Mitchell, 

Moore  of  Bulloch, 
Moor  of  Spalding, 
Montgomery, 
Morrow, 
Mounger, 
Munnerlyn, 
Neal  of  Columbia, 
Neal  of  Talbot, 
Newton, 
Nisbet, 
Overstreet, 
Padget, 
Paris, 
Patrick, 
Perkins, 

Phinizy  of  Monroe, 
Phinizy  of  Richmond, 
Pickett, 
Pierce, 
Pinson, 
Pittman, 
Pitts, 
Poe, 
Pofford, 
Ponder, 
Porter, 
Poullain, 
Prescott, 
Price, 
Pruett, 


Ramsey  of  Clinch, 

Ramsey  of  Muscogee, 

Reed, 

Reese, 

Reynolds. 

Rice, 

Richardson  of  Lee, 
Robinson, 


Roddey, 
Rutherford 
Saffold, 
Sharman, 
Sharpe, 


Sheffield  of  Calhoun, 


Sheffield  of  Early, 
Shell, 

Shropshire  of  Chattooga, 
Shropshire  of  Floyd, 
Slater, 
Skelton, 

Simmons  of  Pickens, 

Simms, 

Singleton, 

Sirmons, 

Sisk. 

Smith  of  Charlton, 
Smith  of  DeKalb, 
Smith  of  Johnson, 
Smith  of  Talbot, 
Solomons, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Hancock, 
Stephens  of  Monroe, 
Stephens  of  Taliaferro, 
Street, 

Strickland  of  Forsyth, 

Strickland  of  Tatna.ll, 

Styles, 

Taliaferro, 

Teasley, 

Thomas  of  Dooly, 

Thomas  of  Whitfield, 

Ti  dwell, 

Tillman, 

Tomlmson, 

Tnppe, 

Troup, 

Tucker  of  Colquitt, 

Tucker  of  Laurens, 

Turner  of  Wilcox, 

Usry, 

Varnadoe, 

Walton, 

Warner, 

Water  house, 

Webb, 

Wellborn, 

West, 

Whelchel, 

Whitehead, 

■ 


GEORGIA  CONVENTION.  191 


Wicker,  Winu  of  Gwinnett, 

Willingham,  Wood, 

Williams  of  Chattooga,  Word, 

Williams  of  Harris,  Wright, 

Williams  of  Mcintosh,  Yates, 

Williamson,  Yopp, 

Willis,  Young  of  Gordon, 

Winn  of  Cobb,  Young,  of  Irwin, 

So  the  ordinance,  having  been  read  twice,  (every  mem- 
ber present  voting  on  its  passage)  was  unanimously  adop- 
ted. Whereupon 

The  President  declared  that  the  Constitution  of  the  Con- 
federate States  of  America,  had  been  ratified. 

Mr.  Chastain  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted. 

Resolved,  That  the  injunction  of  secrecy  be  removed  from 
the  proceedings  ot  the  Convention  to-day,  except  the  action 
of  this  Convention  on  the  ordinance  submitted  bv  Mi".  Sin- 
gleton, a  delegate  from  Scriven  county. 

Mr.  Nisbet  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Rvsolued,  That  the  President  of  this  Convention  transmit 
to  the  President  of  the  Congress  of  the  Confederate  States, 
a  copy  duly  certified,  when  enrolled  and  signed,  of  the  ordi- 
nance this  day  passed,  ratifying  and  adopting  the  permanent 
Constitution. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and 
Laws  of  the  State,  and  the  Constitution  of  the  United 
States,  made  the  following  report  : 

The  committee  to  whom  was  referred  the  resolution  pro- 
viding for  the  continuance  of  causes  in  the  several  Courts, 
under  certain  circumstances, 

REPORT 

That  they  have  had  the  same  under  consideration,  and 
recommend  that  no  action  be  taken  on  the  subject  by  this 
Convention. 


192  JOURNAL   OF  THE 

Mr.  Strickland,  of  Forsyth,  laid  upon  the  table  the  fol- 
lowing resolutions,  which  were  taken  up,  read,  and  referred 
to  the    Committee  on  Military  Affairs  :  " 

Resolved,  That  his  Excellency,  the  Governor,  be,  and  he 
is  hereby  authorized  and  instructed  to  turn  over  to  the  gov- 
ernment of  the  Confederate  States,  the  two  regiments  of 
regular  troops  now  being  raised  under  an  ordinance  of  this 
Convention  ;  Provided  that  the  government  will  accept  the 
enlisted  soldiers  together  with  all  the  officers  of  the  two 
regiments  as  appointed  by  the  Governor  of  this  State,  for 
and  during;  the  term  for  which  the  recruits  have  been  .en- 
listed. 

Resolved,  That  this  Convention  hereby  approves  the 
action  of  his  Excellency,  the  Governor,  in  proceeding  to 
organize  and  hold  in  readiness  for  active  service,  under  the 
provisions  of  the  act  of  the  Legislature,  all  the  volunteer 
forces  of  this  State,  which  may  not  be  n  eeded  for  the  ser- 
vice of  the  Confederate  States  ;  and  that  he  be  authorized 
to  arm  said  troops  as  fast  as  organized,  and  to  call  the  offi- 
cers together  for  drill  and  training  when  necessary,  that  the 
whole  force  may  be  made  efficient,  should  it  be  needed  for 
the  purpose  of  repelling  any  invasion,  or  attempted  inva- 
sion of  the  soil  of  this  State. 

Mr.  Hood  laid  upon  the  table  the  following  ordinance, 
which  was  taken  up,  read,  and  referred  to  the  Committee 
on  Military  Affairs  : 

AN  ORDINANCE 

To  authorize  the  Governor  to  raise  and  expend  money  for 
the  defence  of  this  State. 

Be  U  ordained  by  the  people  of  Georgia  in  sovereign  Conven- 
tion assembled,  and  it  is  hereby  ordained  by  authority  oj  the  same, 

That  his  Excellency,  the  Governor  of  this  State,  be,  and 
he  is  hereby  authorized  to  raise  and  expend  such  sums  of 
money  as  may  be  necessary  to  carry  out  all  ordinances  of 
this  Convention,  and  all  acts  of  the  Legislature  which  pro- 
vides for  the  public  defence  of  this  State  ;  and  for  that  pur- 
pose he  is  hereby  authorized  to  issue  and  sell  bonds  of  th  is 


GEORGIA   COXVENTIOX.  193 

State,  having  such  time  to  run  as  he  may  designate,  with 
interest  coupons  attached,  payable  at  such  place,  or  places, 
as  he  may  think  proper,  until  he  shall  have  raised  such  sums 
of  money  as  the  exigencies  of  the  State  may  require ;  said 
bonds  to  be  for  one  thousand  dollars  each,  or  such  less  sums 
as  the  Governor  may  find  to  be  most  saleable. 

And  be  it  further  ordained,  That  the  faith  and  credit  of 
this  State  are  hereby  solemnly  pledged  for  the  redemption 
of  all  such  bonds  and  interest  coupons  as  the  Governor  may 
issue  and  dispose  of  under  this  ordinance. 

And  be  it  farther  ordained,  That  in  case  the  Governor  shall 
be  unable  to  raise  by  the  sale  of  bonds,  a  sufficient  sum  for 
the  defence  of  the  State,  heis  hereby  authorized  to  issue  and 
dispose  of  Treasury  Notes,  in  sums  of  twenty-five,  fifty,  and 
one  hundred  dollars,  each,  for  that  purpose  ;  said  notes  to 
bear  such  interest  as  may  be  prescribed  by  the  Governor, 
not  to  exceed  seven  per  cent,  per  annum. 

Mr.  Fouche  laid  on  the  table  the  following  : 

AN  ENUNCIATION  OF  FUNDAMENTAL  PRINCIPLES, 

Experience  having  admonished  us  that  there  exists  a  wide 
spread  disposition  in  many  sections,  to  question  or  deny  the 
right  of  the  people  of  Georgia,  to  be  a  free,  independent, 
and  sovereign  State,  endowed  with  all  the  rights  of  a  per- 
fect sovereignty,  among  which  is  the  right  to  secede  from 
a  Confederacy,  upon  finding  a  continuance  in  it  incompati- 
ble with  her  peace,  safety,  happiness,  interests,  or  liberties : 
Aware,  moreover,  of  the  importance  of  a  thorough  under- 
standing of  the  fundamental  principles  of  all  just  govern- 
ment by  the  people  of  a  free  State  :  We,  the  representa- 
tives of  the  people  of  Georgia,  in  that  supreme  and  sovereign 
capacity  wherein  they  are  entitled  to  make,  alter,  and 
abolish  Constitutions  and  Governments,  do  hereby  publish 
and  declare  : 

First,  That  sovereignty  is  the  supreme,  ultimate  power, 
abiding  in  the  people  of  an  organized  community  or  State. 

Second,  That  sovereignty  is  one,  indivisible,  inalienable, 
and  imprescriptible. 
13 


194  JOURNAL  OF  THE 


Third,  That  all  other  power  in  the  State  is  derived  from, 
is  subordinate  to,  and  revocable  by,  the  sovereignty. 

Fourth,  That  Governments  are  not  sovereign,  but  the 
creatures  of  the  sovereignty,  ordained  and  established  by  it, 
for  the  purpose  of  a  convenient  exercise  of  its  ordinary  pow- 
ers, in  the  enactment,  administration,  and  execution  of 
laws,  to  establish  justice,  and  to  promote  the  peace,  good 
order,  security,  and  prosperity  of  the  State. 

Fifth,  That  constitutions  or  fudamental  laws,  are  the 
direct  enactments  of  the  [sovereignty,  organizing  govern- 
ments, delegating,  defining,  and  limiting  their  powers,  and 
enumerating  the  purposes  for  which  those  powers  are  to  be 
exerted. 

Sixth,  That  allegiance  is"  due  only  to  the  sovereignty,  and 
obedience  is  due  to  government  only  as  its  regularly  con- 
stituted organ. 

Seventh,  That  no  mere  government,  whether  it  be  a  gov- 
ernment proper  or  improper,  has  a  right  to  resist  the  regu- 

•  larly  expressed  will  of  the  sovereignty  which  created  it, 
either,  for  the  purpose  of  retaining  power,  or  of  continuing 
its  existence  against  that  will. 

Eio-hth,  That  there  on  "flit  to  be  established  a  real  and  ef- 
fective  responsibility  on  the  part  of  all  officials  in  every  de- 
partment of  government. 

Ninth,  That  power  given  for  one  purpose,  cannot  right- 
fully be  exercised  for  any  other,  and  therefore  the  taxing 
power  can  be  exercised  only  to  raise  revenue  to  defray  the 
expenses  of  government,  defend  the  State,  or  for  some  oth- 
er purpose  specified  in  the  grant  of  the  power. 

Tenth,  That  the  system  of  taxation  adopted  in  a  free 
State,  ought  to  be  just  and  equal  in  its  operation  as  be- 
tween individuals,  classes,  and  sections  ;  and  ought  to  be 
generally  and  thoroughly  understood  by  the  people,  in  or- 
der that  they  may  be  enabled  to  hold  their  representatives 
to  a  real  responsibility,  and  secure  simplici  ty,  economy,  and 
purity,  in  the  administration. 


GEORGIA  CONVENTION.  195 

Eleventh,  That  in  its  relation  to  individuals,  the  protec- 
tion of  person,  property,  and  character,  against  violence, 
fraud,  and  defamation,  is  the  sole  legitimate  object  of  all 
just  government;  and  an  imbecile  government  which  can- 
not, or  a  corrupt  government,  which  will  not  give  it,  ought 
to  be  reformed  or  overthrown. 

Twelfth,  That  it  is  the  indispensible  duty  of  a  good  gov- 
ernmeut,  to  provide  an  easy,  prompt,  and  adequate  remedy 
for  the  infraction  of  every  right  ;  and  a  just,  but  certain 
punishment  for  every  wrong  or  crime. 

Thirteenth,  That  all  citizens  of  a  free  State,  may  freely, 
-and  peaceably,  assemble  to  consider  any  matter  interesting 
to  them;  may  keep,  and  bear  arms;  may  petition  their 
government  for  anything  within  the  sphere  of  its  powers  ; 
may  freely  speak,  write,  and  publish  their  opinions  upon 
any  subject,  standing  to  the  penalty  of  law  for  any  abuse 
of  these  privileges  ;  may  profess  any  religious  creed,  and 
practice  any  form  of  religious  worship,  without  being  sub- 
jected, on  account  thereof,  to  any  political  or  legal  disabili- 
ty, or  entitled  to  any  political  or  legal  privileges  of  favor. 

On  motion  of  Mr.  Fouche,  the  foregoing  *'  Fundamental 
Principles,"  were  taken  up,  and  read,  and  were  referred  to 
the  "  Committee  on  the  Constitution  and  Laws  of  the  State, 
and  the  Constitution  of  the  United  States,"  together  with 
the  "  Bill  of  Rights,"  previously  reported  by  said  Commit- 
tee through  its  Chairman,  Mr.  Cobb. 

Leave  of  absence  was  asked  for  Messrs.  Harris  of  Meri- 
wether, Perkins,  of  Taliaferro,  Wicker,  Douglas,  Banks  of 
Stewart,  Spencer,  Phinizy  of  Richmond,  Hines,  Sheffield 
of  Early,  Sheffield  of  Calhoun,  Buchanan,  McDonald,  Davis, 
Burch,  Gaulden,  Smith,  of  Talbot,  and  Shropshire  of  Floyd, 
which  was  refused. 

On  motion  of  Mr.  Chastain,  the  Convention  then  adioum- 
ed  till  ten  o'clock  Monday  morning. 


196 


JOURNAL  OF  THE 


MONDAY,  MARCH  18,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Crawford. 

A  quorum  being  present,  the  journal  was  read. 

Mr.  Carswell  moved  to  reconsider  so  much  of  the  journal 
of  Saturday  as  relates  to  the  adoption  of  the  resolution 
regulating  the  pay  of  mileage  to  the  members  of  this  Con- 
vention. 

Mr.  Chastain  moved  to  lay  that  motion  on  the  table, 
which  was  carried. 

Mr.  Fort,  from  the  Committee  on  Enrollment,  made  the 
following  report : 

Mr.  President : 

The  Committee  on  Enrollment  have  had  enrolled,  audit 
is  now  ready  for  the  signatures  of  the  President  and  dele- 
gates : 

An  Ordinance  to  adopt  and  ratify  the  Constitution  of  the 
Confederate  States  of  America. 

They  have  also  had  enrolled,  and  it  is  now  ready  for  the 
signature  of  the  President : 

An  Ordinance,  additional  to  a  previous  Ordinance  of  this 
Convention,  on  the  subject  of  citizenship. 

Mr.  Hansel  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted  : 

Resolved,  That  those  delegates  who  wTere  absent  on  Satur- 
day, when  the  vote  was  taken  on  the  adoption  of  the 
Ordinance  ratifying  the  Constitution,  have  leave  to  record 
their  votes. 

Leave  of  absence  was  granted  to  Messrs.  Bell  of  Banks 
Collins,  of  Columbia,  West,  Dozier,  and  Dabney,  on  ac- 
count of  sickness  in  their  families. 

Leave  of  absence  was  refused  to  Messrs.  Dupree,  Pinson, 
Douglas,  Harris  of  Merri wether,  and  Graham,  who  applied 
for  the  same  on  account  of  business  requiring  their  atten- 
tion. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and 


GEORGIA  CONVENTION. 


197 


Laws  of  the  State,  and  the  Constitution  of  the  United 
States,  to  whom  was  referred  the  Ordinance  in  relation  to 
citizens  of  Georgia  holding  office  under  the  government  of 
the  late  United  States,  reported  adversely  to  the  passage  of 
the  Ordinance. 

Mr,  Bell  of  Forsyth,  laid  on  the  table  the  following  pre- 
amble and  resolution,  which  were  read  : 

Wlierms^  Governments  are  instituted  to  secure  the  rights 
of  the  people,  and  protect  them  in  the  enjoyment  of  those 
rights.  And  Whereas,  rigid  economy  in  the  public  expen- 
ditures is  an  element  of  strength  in  Republican  Govern- 
ments, while  recklessness  and  prodigality  in  such  expendi- 
tures are  detrimental  to  the  public  virtue.  Therefore. 

Resolved,  That  in  the  inauguration  of  the  new  govern- 
ment, the  multiplication  of  unnecessary  officers  to  provide 
positions  for  favorites,  is  condemned  by  the  people  of 
Georgia. 

Resolved,  That  the  salaries  of  officers.  State  and  Federal, 
Executive,  Legislature,  Judicial,  and  Diplomatic,  ought 
not  to  exceed  adequate  compensation  for  services  rendered 
^he  government. 

Mr.  Corn  laid  upon  the  table  the  following  resolution, 
which  was  read  : 

Resolved,  That  a  special  Committee  of  Eight,  (one  from 
each  Congressional  District)  be  raised  for  the  purpose  of 
reporting,  at  an  early  day,  an  Ordinance  upon  the  subject 
of  the  reduction  of  the  fees  and  salaries  of  all  civil  officers 
of  this  State,  from  Governor  down  to  county  officers,  and 
also  the  per  diem  pay  of  the  members  of  the  Legislature  of 
this  State. 

Mr.  Xisbet  offered  the  following  preamble  and  resolu- 
uons.  which  were  taken  up,  read,  and  adopted. 

n  hereas.  The  government  of  the  Confederate  States  has 
authorized  bonds  to  be  issued,  running  from  five  to  ten 
years,  and  secured  by  an  export  duty  of  one  eighth  of  one 
per  cent,  per  pound  upon  cotton,  for  the  purpose  of  meet- 
ing the  pecuniary  necessities  of  that  government.  And, 
Whereas,  investment  in  such  funds  may  be  both  convenient 


198 


JOURNAL  OF  THE 


and  safe  for  executors,  administrators,  guardians,  and  other 
trustees,  and  at  the  same  time  contribute  to  the  sum  needed 
by  the  Confederate  States.  Therefore, 

Resolved,  That  the  Legislature  of  this  State  be,  and  is 
hereby  requested,  at  its  next  session,  to  consider  of  the 
propriety  of  passing  a  law,  authorizing  executors,  admin- 
istrators, guardians  and  other  trustees,  to  invest  trust 
funds  in  their  hands  in  the  bonds  of  the  Confederate  States 
upon  the  same  terms  that  such  trustees  are  now  by  law 
authorized  to  invest  in  the  bonds  of  the  State  of  Georgia. 

Mr.  Fouche  moved  to  take  up  the  Resolution  introduced 
by  Mr.  Hawkins,  providing  for  the  appointment  by  the 
President,  of  a  Committee  of  sixteen,  two  from  each  Con- 
gresssional  District,  to  arrange  fen  Congressional  Districts 
for  the  State,  &c. 

The  motion  was  agreed  to,  when  Mr.  Fouche  moved  to 
insert  a  committee  of  "twenty-four,"  and  "three"  from 
each  Congressional  District,  instead  of  a  committee  of 
"sixteen,"  and  "two"  from  each  Congressional  District. 

The  amendment  was  received. 

Mr.  Hill  of  Troup,  offered  the  following  as  a  substitute 
for  the  Resolution,  as  amended: 

AN  ORDINANCE 

To  organize  Congressional  Districts  for  the  State  of  Geor- 
gia: 

Be    it    Ordained  by  the  People  of  Georgia,    in  Convention 
assembled, 

That  until  otherwise  ordered  by  the  General  Assembly 
of  the  State  of  Georgia,  the  several  Congressional  Districts 
for  the  State  of  Georgia,  shall  be  composed  of  the  counties 
following,  to-wit : 

Mr.  Clark  moved  that  the  Resolution  be  referred  to  a 
Special  Committee,  to  consist  of  the  members  of  this  body 
who  are  delegates  to  the  Congress  at  Montgomery,  together 
with  the  mover  of  the  Resolution,  to  report  upon  the  pro- 
priety and  necessity  of  accepting  the  same. 

Pending  the  consideration  of  which,  Mr.  Hawkins  called 
for  the  "previous  question,"  which,  being  seconded  and  sus- 


GEORGIA  CONVENTION. 


199 


taiiied,  the  main  question  was  put.  to-wit:  the  adoption 
of  the  original  Resolution  as  amended,  which  was  decided  in 
the  affirmative.  yj,. 
So  the  Resolution  was  adopted. 

Mr.  Styles  moved  to  take  up  his  Resolution  instructing 
the  Governor  to  furnish  side  arms  to  the  officers  of  Military 
Companies  who  have,  or  may  hereafter  draw  arms  from 
the  State. 

The  motion  was  agreed  to,  when  Mr.  Cobb  moved  to 
refer  the  same  to  the  committee  on  Military  Affairs. 

Mr.  Cobb,  from  the  committtee  on  the  Constitution  and 
Laws  of  the  State,  and  the  Constitution  of  the  United 
States,  reported  the  following  Resolutions : 

Resolved,  That  in  the  publication  of  the  Revised  Code 
of  the  Laws  of  this  State,  adopted  by  the  Legislature  at  its 
late  session,  the  "United  States"  shall  be  stricken  out,  and 
the  "Confederate  States,"  substituted,  wherever  the  same 
may  be  necessary. 

Resolved,  further,  That  the  Constitutton  of  the  Confed- 
erate States  shall  be  published  as  a  part  of  the  Code. 

On  motion  of  Mr.  Cobb,  the  same  was  taken  up,  read, 
and  adopted. 

Mr.  Alexander  of  Upson  offered  the  following:  Resolution. 

J.  o  " 

which  was  taken  up,  read,  and  adopted: 

Resolved,  That  the  committee  on  Enrollment  be  re- 
quested to  make  suitable  arrangements  for  the  delegates  of 
this  Convention  to  affix  their  signatures,  at  their  conven- 
ience, to  the  Ordinance  adopting  and  ratifying  the  perma- 
nent Constitution  of  the  Confederate  States  of  America. 

The  Ordinance  laid  on  the  table  by  Mr.  Styles  to  appro- 
priate money  for  the  use  of  the  Confederate  States  of 
America,  was  taken  up,  read,  and  referred  to  the  Commit- 
tee on  Military  affairs. 

Mr.  Gardner  laid  on  the  fable  the  following  Ordinance, 
which  was  taken  up,  read,  and  referred  to  the  committee 
on  the  Constitution  and  Laws  of  the  State  and  the  United 
States : 


200 


JOURNAL  OF  THE 


AN  ORDINANCE 

To  alter  Sections  the  -3rd  and  12th,  of  Article  1st,  and  Sec- 
tion 1st  of  Article  2nd  of  the  Constitution  of  the  State 
of  Georgia : 

Be  it  Ordained,  by  the  People  of  Georgia,  in  Convention 
assembled, 

That  the  third  Section  of  the  first  Article,  and  the  first 
Section  of  the  second  Article  of  the  Constitution  of  this 
State  be  so  altered  as  to  extend  the  term  of  office  of  the 
Governor  and  members  of  the  Senate  of  the  Legislature  of 
the  State  of  Georgia  to  four  years  next  succeeding  their 
election,  and  that  the  election  of  said  civil  officers  be  held 
on  the  first  Monday  in  October  every  four  years,  in  per- 
suance  of  the  requirements  of  this  Ordinance. 

Be  it  further  Ordained,  by  the  authority  aforesaid,  That 
Section  12th  of  Article  1st  t)f  the  Constitution  of  this 
State  be  so  altered  as  to  change  the  sessions  of  the  Legis- 
lature from  annual  to  bi-ennial,  and  to  require  said  sessions 
of  the  General  Assembly  of  the  State  of  Georgia  to  com- 
mence bi-ennially  on  the  first  Wednesday  in  November, 
immediately  following  each  bi-ennial  election  of  members 
of  the  House  of  Representatives.  The  term  of  said  ses- 
sions to  continue  the  same  as  that  now  prescribed  by  law. 

On  motion  of  Mr.  Hull,  the  second  Section  of  the  Or- 
dinance to  alter  and  amend  the  3rd,  4th,  7th,  and  Sth 
Sections  of  the  first  Article  of  the  Constitution  of  this 
State,  and  for  other  purposes,  was  taken  up  for  considera- 
tion and  read,  and,  on  his  motion,  was  referred  to  the  com- 
mittee on  the  Constitution  and  Laws  of  the  State,  and  of 
the  United  States. 

The  third  Section  of  the  Ordinance  wTas  taken  up  and 
read,  when  Mr.  Cobb  offered  the  following  as  a  substitute 
for  the  same,  to- wit : 

The  House  of  Representatives  shall  consist  of  two  hundred 
members,  composed  as  follows  :  each  county  shall  have  one 
Representative.  The  remaining  number  shall  be  distributed 
by  the  Legislature  among  the  counties  having  the  largest 
representative  population,  so  as  as  to  give  to  each  of  such 
counties  such  a  proportion  of  the  same  as  their  population  de- 


GEORGIA  CONVENTION, 


201 


mands  ;  Provided,  no  county  shall  have  more  than  one 
member,  whose  representative  population  does  not  exceed 
thousand  persons. 

Mr.  Garvin  offered  the  following  as  a  substitute  for  the 
foregoing  and  original  Resolution: 

The  House  of  Representatives  shall  consist  of  one  hun- 
dred and  eighty-two  members.  Each  county  shall  have 
one  Representative,  and  the  ten  counties  having  the  high- 
est representative  population  shall  have  three  Representa- 
tives each,  and  the  thirty  counties  having  the  next  largest 
population,  two  Representatives  each. 

On  motion  of  Mr.  Kenan,  the  original  Section  and  the 
substitute  were  laid  on  the  table  for  the  balance  of  the 
session. 

On  motion  of  Mr.  Chastain,  the  Convention  then  ad- 
journed till  ten  o'clock  to-morrow  morning. 


TUESDAY,  MARCH  19,  1S61 


The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Pryse. 

The  roll  was  called,  and  a  quorum  being  present,  the 
iournal  was  read. 

Mr.  Cobb  moved  that  so  much  of  the  journal  of  yester- 
day as  relates  to  the  adoption  of  the  motion  of  Mr.  Kenan, 
"  to  lay  on  the  table  for  the  balance  of  the  session,"  the 
original  third  section,  and  the  substitutes  therefor,  of  the 
ordinance  reported  by  the  Committee  on  Reduction,  be  re- 
considered. 

Upon  which  motion  the  yeas  and  nays  were  demanded  to 
be  recorded. 

The  yeas  are  117  ;  nays  131,  to-wit : 

Those  who  voted  in  the  affirmative  are  Messrs. 

. 

Adams  of  Camden,  Alexander  of  Upson, 

Adams  of  Putnam,  Allen, 
Alexander  of  Fulton,  Arnold, 


202 


JOURNAL  OF  THE 


Beasley, 

Beall  of  Troup, 

Berming, 

Blaiock, 

Brown  of  Houston, 

Bryan, 

Calhoun, 

Cantrell, 

Casey, 

Cobb, 

Cody, 

Collins, 

Cox, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Dabney, 

Davis  of  Putnam, 

Davenport  of  Sumter, 

Dewberry, 

Dickerson, 

Fain, 

Fort  of  Stewart, 

Fouche, 

Furlow, 

Gardner, 

Garvin, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Glover, 

Gordon, 

Graham, 

Gray, 

Gresham, 

Gunn, 

Haines, 

Hamilton, 

Hammond, 

Han  sell, 

Harris  of  Hancock, 

Harvey, 

Hawkins, 

Hendricks, 

Billiard, 

Hoyal, 

Hudson  of  Harris, 
Hull, 

Humphries, 
Jennings, 


Johnson  of  Clayton, 
Johnson  of  Oglethorpe 
Jones  of  Burke, 
Ketch  um, 
Kill  gore, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Low, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mabry  of  Heard, 
man  son , 

Martin  of  Elbert, 

Martin  of  Lumpkin, 

McOonnell  of  Cherokee, 

McCulloch, 

McDaniel, 

Means, 

Moor  of  Spalding, 

Montgomery, 

Morrow, 

Neal  of  Columbia, 
Neal  of  Talbot, 
Nisbet, 

Phinizy  of  Monroe, 
Phinizy  of  Richmond, 
Picket', 
Pinson, 
Pittman, 
Pitts, 
Poullain, 
Reese, 
Reynolds, 
Rice, 
Roddey, 
Rutherford, 
Safibld, 
Sharman, 
Sharpe, 

Shropshire  of  Chattooga, 

Shropshire  of  Floyd, 

Skelton, 

Singleton, 

Spence, 

Stapleton, 

Stephens  of  Monroe, 


GEORGIA  CONVENTION. 


203 


Strickland  of  Forsyth. 
Teaslev, 

Thomas  of  Whitfield. 

Tidwell, 

Trippe, 

Troup, 

Tucker  of  Laurens, 
Warner, 


Wellborn, 
Whitehead, 
Willin<rham, 
Willis," 

Winn  of  Cobb, 

Word, 

Wright, 

Young  of  Gordon, 


Those  who  voted  in  the  negative  are  Messrs 
AUood, 

Bell  of  Forsyth, 
Black, 
Bo  wen, 
Bozeman, 
Brewton, 


Briggs, 
Briscoe, 

Brown  of  Marion, 

Brown  of  Webster, 

Burnett, 

Bush, 

Butts, 

Byrd, 

Cannon  of  Rabun, 

Cannon  of  Wayne, 

Carson, 

Cars  well, 

Chastain, 

Cheshier, 

Clarke, 

Cleveland, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Coleman, 

Corn, 

Daniel, 

Davis  of  Chattahoochee, 
Davenport  of  Clay, 
*  Day, 
Deupree, 
Farnsworth, 
Fleming, 
Fitzpatrick, 
Ford, 

Fort  of  Wayne, 

Frier, 

French, 


Caulden, 
Gee, 

Gholston, 
Hale, 
Hall, 
Harville, 
Harris  of  Glynn, 
Harris  of  Mcintosh. 
Head, 
Henderson, 
Hendry, 
Herrington, 
Hines, 
Hood, 
Howell, 

Hudson  of  Gwinnett, 

Huggins, 

Hust, 

Jackson, 

Johnson  of  Hall, 

Johnson  of  Jefferson, 

Jones  of  Chatham, 

Jordan, 

Kenan, 

Kimsey, 

Kirkland, 

Knox, 

Lamb, 

Larrimer  of  Appling, 
Lattimer  of  Montgomery. 
Lester, 
Long, 

Mabrv  of  Berrien, 
Marshall, 

McConnell  of  Catoosa, 

McDonald, 

McGriff, 

McLeod, 


204 


JO 


AL  OF  THE 


McRae, 
Mershon, 
Milton, 

Moore  of  Bulloch, 
Mounger, 
Overstreet, 
Padget, 
Paris, 
Patrick, 
Pierce, 
Poe, 
PojFord, 
Ponder, 
Porter, 
Price, 

Ramsey  of  Clinch, 
Ramsey  of  Muscogee, 
Reed, 

Richardson  of  Lee, 
Robinson, 

Sheffield  of  Calhoun, 
Shell, 
Slater, 

Simmons  of  Pickens, 
Simms,. 
Sirmons, 
Sisk, 

Smith  of  Charlton, 
So  the  motion  did  not  prevail. 

The  President  announced  the  following  committee  under 
the  resolution  of  Mr.  Hawkins,  adopted  on  yesterday,  to 
appoint  a  committee  to  form  ten  Congressional  Districts 
for  this  State,  and  report  the  same  to  this  Convention,  to- 
wit : 

Mr.  Hawkins,  chairman,  from  the  Second  District. 

Messrs.  Jones  of  Chatham,  Fleming  and  Brewton  from 
the  First  District. 

Messrs.  Fort  of  Stewart,  and  Rutherford  from  the  Second 
District. 

Messrs.  Lamar  of  Bibb,  Cleveland  and  Sharman  from  the 
Third  District. 

Messrs.  Lindley,  Manson,  and  Alexander  from  the  Fourth 
District. 


Smith  of  Johnson, 

Solomons, 

Starr, 

Stephens  of  Hancock, 
Stephens  of  Pierce, 
Stephens  of  Taliaferro, 
Street, 

Strickland  of  Tatnall, 

Styles, 

Taliaferro, 

Thomas  of  Dooly, 

Tillman, 

Tomlinson, 

Tucker  of  Colquitt, 

Turner  of  Wilcox, 

Usry, 

Varnadoe, 

Walton, 

Webb, 

Whelchel, 

Williams  ,  of  Chattooga. 

Williams  of  Harris, 

Williams  of  Mcintosh, 

Williamson, 

Winn  of  Gwinnett, 

Yopp, 

Young  of  Irwin. 


GEORGIA  CONVENTION. 


205 


Messrs.  Word,  Farnsworth  and  Walton  from  the  Fifth 
District. 

Messrs.  Knox,  Ketchum,  and  Hill  of  Hart  from  the  Sixth 
District. 

Messrs.  Jordan,  Briscoe  and  Gray  from  the  Seventh  Dis- 
trict. 

Messrs.  Usry,  Allen,  and  Singleton  from  the  Eighth  Dis- 
trict. 

The  President  laid  on  the  table  a  communication  from 
the  Hon.  A.  R.  Wright,  the  commissioner  from  the  State  of 
Georgia  to  the  State  of  Maryland,  in  which  was  enclosed  a 
communication  from  the  Governor  of  Maryland  to  said 
Commissioner,  which  was  read,  and, 

On  motion  of  Mr.  Varnadoe,  the  communication  of  the 
Governor  of  Maryland  was  laid  on  the  table  for  the  balance 
of  the  session. 

.  . 

Mr.  Roddey  laid  on  the  table  a  preamble  and  resolution, 
which  were  read,  to-wit : 

Whereas,  The  Legislature  of  Georgia  authorized  the  sus- 
pension of  the  Banks  of  the  State,  and  by  the  act  of  the 
Congress  of  the  Confederate  States,  duties  on  imports  are 
made  payable  in  specie,  and  in  consequence  of  the  Bank 
suspension  and  other  causes,  exchange  and  specie  has  risen 
to  per  cent.  And  whereas  both  the  duties  and  premium 
on  exchange,  first  advanced  by  the  importing  merchant  and 
finally  paid  by  the  people,  who  consume  the  imported  goods, 
amount  to  a  burdensome  tax  ;  and  whereas  it  is  believed 
that  the  duties  aforesaid  might  be  payable  in  the  Bank  cur- 
rency of  the  respective  States,  or  other  arrangements  made 
which  would  relieve  the  people  from  the  costs  of  specie, 
without  detriment  to  the  public  service  ;  therefore, 

Resolved,  That  the  Congress  of  the  Confederate  States 
are  hereby  respectfully  requested  to  enquire  into  the  prac- 
ticability of  so  amending  the  revenue  laws,  as  to  authorize 
the  duties  on  imports  to  be  paid  in  the  bills  of  such  solvent 
banks  of  the  Confederate  States  as  may  be  selected  for  that 
purpose  by  the  Secretary  of  the  Treasury,  or  in  their  wis- 
dom to  make  such  other  provision  for  the  collection  of  the 


206 


JOURNAL   OF  THE 


revenue,  as  will  relieve  the  country  from  the  payment  of 
existing  premiums  on  specie. 

Mr.  Moor,  of  Spalding,  from  the  Committee  on  Enroll- 
ment made  the  following  report : 

Mr.  President : 

The  Committee  on  Enrollment  report  as  duly  enrolled 
and  ready  for  the  signature  of  the  President-— 

A  resolution  to  strike  out  "  United  States'1  in  the  Revised 
Code  of  the  Laws  of  this  State,  and  to  insert  "  Confederate 
States"  and  in  the  publication  thereof. 

Also, 

A  resolution  relative  to  investment  by  administrators, 
guardians,  &c,  of  trust  funds  in  the  bonds  of  the  Confede- 
rate States — 

Which  resolutions  were  signed,  and  transmitted  to  the 
Secretary  of  State. 

Mr.  Alexander,  of  Upson,  laid  on  the  table  the  following 
resolution,  which  was  read  : 

Resolrrd,  That  this  Convention  will  adjourn  on  Friday, 
the  22d  instant,  to  re-assemble  at  Milledgeville  at  the  call 
of  the  President,  if 'the  public  interest  should  require  the 
same,  and  in  case  of  his  death  or  resignation,  then  at  the 
call  of  the  Governor. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and. 
Laws  of  the  State,  and  the  Constitution  of  the  United 
States,  to  whom  was  referred  the  revision  of  the  Constitu- 
tion of  the  State,  asked  leave  of  absence  for  said  commit- 
tee during  the  sittings  of  the  Convention,  and  also  the 
privilege  of  directing  that  300  copies  of  their  report,  as  far 
as  it  has  progressed,  be  printed. 

The  leave  asked  for  was  granted. 

Mr.  Robinson  moved  to  take  up  his  resolution  relative  to 
the  per  diem  pay  of  the  members  of  this  Convention  on  the 
day  of  their  visit  to  Fort  Pulaski, 

The  motion  was  lost. 


GEORGIA    CONVENTION.  20? 

Leave  of  absence  was  granted  to  Messrs.  Mitchell,  Can- 
non of  Eabun,  Hargrove  and  Poe. 
7  9 

Mr.  Hood  offered  the  following  resolution,  which  was 
taken  up  and  read  :  .  * 

Re-solved,  That  no  member  of  this  Convention  .-hall  re- 
ceive per  diem  compensation  after  leave  of  absence  granted 
for  the  balance  of  the  session,  or  who  sfeall  leave  the  Con- 
vention without  permission. 

Mr.  Styles  moved  to  lay  the  resolution  on  the  table  the 
balance  of  the  session,  which  motion  was  lost. 

Mr.  Wellborn  moved  to  add  the  words  '''except  on  account 
of  sickness  in  his  family/'  which  was  lost. 

Tke  resolution  was  then  adopted. 

On  motion  of  Mr.  Bell,  of  Forsyth,  the  preamble  and 
resolution  introduced  by  him  on  yesterday  relative  to  econ- 
omy in  the  public  expenditures  and  the  multiplication  of 
offices  in  the  State  and  Federal 'Governments;  were-takeu 
up  and  read. 

Mr.  Styles  moved  to  refer  the  same  to  the  Committee  on 
the  Constitution  and  Laws  of  the  State,  and  Constitution  of 
the  United  States/  4 

Pending  the  consideration  of  which,  Mr.  Bell,  of  Forsyth, 
called  for  the  "  previous  question,"  which  being  seconded 
and  sustained,  the  main  question,  to-wit,  the  adoption  of 
the  resolution,  was  put  upon  its  passage,  when  he  deman- 
ded that  the  veas  and  navs  be  recorded. 

There  are  veas  141  ;  navs  36,  to-wit : 

Those  who  voted  in  the  affirmative  are  Messrs. 

Alexander  of  Upson,  Bowem 

.    Algood,  Brewton. 

Arnold,  Briscoe, 

Beasley,  Brown  of  Marion. 

Beall  of  Forsyth,  Brown  of  Webster. 

Beall  of  Troup.  Bush, 

Black,  Butts, 


JOURNAL  OF  THE 


Byrd, 
Calhoun, 

Cannon  of  Rabun, 
Carson, 
Chastain, 
Cheshier, 

Cochran  of  Terrell, 

Cochran  of  Wilkinson, 

Coleman, 

Corn, 

Cox, 

Daniel, 

Davis  of  Putnam, 
Davenport  of  Sumter, 
Day, 

Dewberry, 
Dickerson, 
Fain, 

Farnsworth, 

Fitzpatrick, 

Ford, 

Frier, 

Gholston, 

Gordon, 

Graham, 

Gresham, 

Hale, 

Hall, 

Hamilton, 

Hammond, 

Harris  of  Hancock, 

Harvey, 

Head, 

Henderson, 

Hendricks, 

Herrington, 

Hoyal, 

Hudson  of  Gwinnett, 
Hudson  of  Harris, 
Huggins, 
Hust, 

Johnson  of  Clayton, 
Johnson  of  Hall, 
Johnson  of  Jefferson, 
Jones  of  Burke, 
Jones  of  Chatham, 
Killgore, 
Kimsey, 


Kirkland, 
Knox, 

Lamar  of  Bibb, 

Lattimer  of  Montgomery. 

Lester, 

Lindley, 

Lyle, 

Mabry  of  Berrien, 
Mabry  of  Heard, 
Man  son, 
Marshal], 

Martin  of  Lumpkin, 
McConnell  of  Cherokee, 
McCulIoch, 
McDaniel, 
McDonald, 
McRae, 
Means, 
Mershon, 
Milton, 
Moor  of  Spalding, 
Montgomery, 
Morrow, 
Neal  of  Talbot, 
Nisbet, 
Padget, 
Pariss, 
Patrick, 

Phinizy  of  Monroe, 

Phinizy  of  Richmond, 

Pickett, 

Pierce, 

Pittman, 

Pitts, 

Pofford, 

Ponder, 

Prescott, 

Price, 

Reynolds, 

Robinson, 

Roddey, 

Sharman, 

Shell, 

Shropshire  of  Chattooga, 
Shropshire  of  Floyd, 
Skelton, 

Simmons  of  Pickens, 
Sirmons, 


GEORGIA  CONVENTION. 


209 


Sisk, 

Solomons, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Pierce, 
Street, 

Strickland  of  Forsyth, 
Strickland  of  Tatnall, 
Taliaferro, 

Thomas  of  Whitfield, 
Tidwell, 

Tucker  of  Colquitt, 
Turner  of  Hancock, 
Usry, 
Varnadoe, 


Walton, 
Webb, 
Wellborn, 
Willingham, 
Williams  of  Chattooga,, 
Williams  of  Harris, 
Williamson, 
Winn  of  Cobb, 
Winn  of  Gwinnett, 
Wood, 
Word, 
Wright, 
Yopp. 

Young  of  Gordon, 


Young  of  Irwin. 


Those  who  voted  in  the  negative  are  Messrs. : 


Blalock, 

Bryan, 

Burnett, 

Davis  of  Chattahoochee, 

Davenport  of  Clay, 

Fleming, 

Fort  of  Wayne, 

French, 

Furlow, 

Gaulden, 

Glenn  of  Fulton, 

Glenn  of  Oglethorpe, 

Gray, 

Hansell, 

Harville, 

Harris  of  Glynn, 

Harris  of  Mcintosh, 

Hilliard, 


Hines, 

Humphries, 

Jackson, 

Johnson  of  Oglethorpe. 
Lattimer  of  Appling, 
McConnell  of  Catoosa,, 
McLeod, 

Moore  of  Bulloch, 

Mounger, 

Reed, 

Richardson  of  Lee> 

Singleton, 

Smith  of  Johnson, 

Styles, 

Thomas  of  Dooly, 
Tucker  of  Laurens, 
Whitehead, 
Williams  of  Mcintosh. 


So  the  preamble  and  resolutions  were  adopted. 

On  motion  of  Mr.  Alexander,  of  Upson,  the  Convention 
then  adjourned  till  eleven  o'clock  to-morrow  morning. 

14  *  I  vv/ 


210 


JOURNAL   OF  THE 


WEDNESDAY,  MAECH  20,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Staley. 

A  quorum  being  present,  the  journal  was  read. 

Mr.  Hansell  moved  to  reconsider  so  much  of  the  journal 
of  yesterday,  as  relates  to  the  adoption  of  the  preamble 
and  resolutions  of  Mr.  Bell,  of  Forsyth,  relative  to  econo- 
my in  the  public  expenditures  and  the  multiplication  of 
officers  in  the  State  and  Federal  Governments. 

The  motion  prevailed,  when,  on  motion,  the  resolutions 
wrere  taken  up. 

Mr.  Means  offered  the  following  as  an  amendment,  and  an 
additional  resolution,  which  was  received,  to-wit : 

Resolved,  That  this  Convention  recognises  with  sincere 
pleasure,  and  high  approval,  the  practical  application  of 
the  foregoing  principles  in  the  organization  and  outfit  of 
the  Confederate  States,  and  rely  with  confidence  on  the 
wisdom  and  prudence  of  the  proper  authorities,  for  a 
proper  and  economical  administration. 

Mr.  Whitehead  moved  to  lay  the  resolutions  on  the  table 
for  the  balance  of  the  session. 

The  motion  was  lost,  and  the  preamble  and  resolutions,  as 
amended,  were  adopted. 

Mr.  Clarke,  of  Dougherty,  laid  on  the  table  the  follow- 
ing  Ordinance,  which  was  read  : 

AN  ORDINANCE 

To  modify  the  Act  of  the  General  Assembly  of  1859, 
relative  to  Bank  Suspensions. 

Be  it  ordained,  That  whenever  a  citizen  shall  present  at 
the  counter  of  any  of  the  Banks  of  this  State,  a  certificate 
of  any  collector  of  custom  of  this  State,  that  said  citizen 
is  due  such  Collector  for  duties  on  goods,  a  specified  amount, 
such  Bank  shall  redeem  in  specie  its  own  bills  presented  to 
an  amount  at  most  equal  to  such  amount  due  for  customs; 
provided  such  applicant  shall,  if  required  by  the  Bank, 


GEOEGIA  CONVENTION. 


211 


swear  that  lie  is  a  citizen  of  this  State,  in  good  faith,  owing 
said  duties,  and  that  he  has  not,  in  a  similar  manner,  taken 
from  any  other  Bank  an  amount  which,  with  the  amount 
then  demanded,  will  exceed  the  amount  covered  by  the 
Collector's  certificate. 

Be  i  t  further  ordained,  That  this  Ordinance  shall  continue 
in  force  until  further  action  is  taken  by  the  General  As- 
sembly of  this  State,  or  the  Congress  of  the  Confederate 
States  shall  provide  for  the  payment  of  the  revenue  in  bills 
of  solvent  Banks. 

Be  it  further  ordained,  That  if  any  Bank  shall  refuse  to 
redeem  said  bills  in  the  manner  aforesaid,  it  shall  be  liable 
to  all  the  penalties  in  force,  prior  to  said  Act  of  the  General 
Assembly  of  1859. 

Mr.  Hill,  of  Troup,  offered  the  following  resolution, 
which,  by  unanimous  consent,  was  taken  up,  read,  and 
adopted : 

Resolved,  That  the  resolution  in  relation  to  per  diem  com- 
pensation, shall  not  exclude  from  compensation  the  dele- 
gate from  Lincoln  county  to  whom  leave  of  absence  wras 
granted  on  account  of  sickness,  which  sickness  was  con- 
tracted while  in  attendance  upon  the  Convention ;  but  said 
delegate  shall  be  entitled  to  full  mileage  andpe?-  ^"m  pay. 

On  motion  of  Mr.  Cobb,  chairman  of  the  Committee  on 
the  Constitution  and  Laws  of  the  State,  and  of  the  United 
States,  the  report  of  said  Committee,  on  the  "  Constitu- 
tion of  the  State,"  was  made  the  special  order  of  the  day, 
for  to-morrow  at  10  o'clock,  A.  M. 

Mr.  Eoddey,  from  the  Committee  to  arrange  the  Senatorial 
Districts,  made  the  following  report  : 

Mr.  Roddey,  from  the  Committee  to  whom  was  referred 
the  duty  of  arranging  the  Senatorial  Districts  of  this  State, 
and  to  prepare  an  Ordinance  therefor,  reports  the  follow- 

mg 

ORDINANCE : 

The  people  of  Georgia  in  Convention  assembled  do  hereby  de- 
clare and  ordain,  That  the  Senatorial  Districts  of  this  State 
shall  be  organized  by  counties  as  follows  : 


212 


JOURNAL  OF  THE 


The  first  District  shall  consist  of  the  counties  of  Chat- 
ham, Bryan  and  Effingham. 

The  second  of  Liberty,  Tatnall  and  Mcintosh. 

The  third  of  Wayne,  Pierce  and  Appling. 

The  fourth  of  Glynn,  Camden  and  Charlton. 

The  fifth  of  Coffee,  Ware  and  Clinch. 

The  sixth  of  Echols,  Lowndes  and  Berrien. 

The  seventh  of  Brooks,  Thomas  and  Colquitt. 

The  eighth  of  Decatur,  Mitchell  and  Miller. 

The  ninth  of  Early,  Calhoun  and  Baker. 

The  tenth  of  Dougherty,  Lee  and  Worth. 

The  eleventh  of  Clay,  Randolph  and  Terrell. 

The  twelfth  of  Stewart,  Webster  and  Quitman. 

The  thirteenth  of  Sumter,  Schley  and  Macon. 

The  fourteenth  of  Doolv,  Wilcox  and  Pulaski. 

The  fifteenth  of  Montgomery,  Telfair  and  Irwin. 

The  sixteenth  of  Laurens,  Johnson  and  Emanuel. 

The  seventeenth  of  Bulloch,  Scriven  and  Burke. 

The  eighteenth  of  Richmond,  Glasscock  and  Jefferson. 

The  nineteenth  of  Taliaferro,  W arren  and  Greene. 

The  twentieth  of  Baldwin,  Hancock  and  Washington. 

The  twenty-first  of  Twiggs,  Wilkinson  and  Jones. 

The  twenty-second  of  Bibb,  Monroe  and  Pike. 

The  twenty-third  of  Houston,  Crawford  and  Taylor. 

The  twenty-fourth  of  Marion,  Chattahoochee  and  Mus- 
cogee. 

The  twenty-fifth  of  Harris,  Upson  and  Talbot. 
The  twenty-sixth  of  Spalding,  Butts  and  Fayette. 
The  twenty-seventh  of  Newton,  Walton  and  Clarke. 
The  twenty-eighth  of  Jasper,  Putnam  and  Morgan. 
The  twenty-ninth  of  Wilkes,  Lincoln  and  Columbia. 
The  thirtieth  of  Oglethorpe,  Madison  and  Elbert. 
The  thirty-first  of  Hart,  Franklin  and  Habersham. 
The  thirty-second  of  White,  Lumpkin  and  Dawson. 
The  thirty-third  of  Hall,  Banks  and  Jackson. 
The  thirty-fourth  of  Gwinnett,  DeKalb  and  Henry. 
The  thirty-fifth  of  Clayton,  Fulton  and  Cobb. 
The  thirty-sixth  of  Merriwether,  Coweta  and  CampbelL 
The  thirty-seventh  of  Troup,  Heard  and  Carroll. 
The  thirty-eighth  of  Haralson,  Polk  and  Paulding. 


GEORGIA  CONVENTION. 


213 


The  thirty-ninth  of  Cherokee,  Milton  and  Forsyth. 
The  fortieth  of  Union,  Towns  and  Rabun. 
The  forty-first  of  Fannin,  Gilmer  and  Pickens. 
The  forty-second  of  Cass,  Floyd  and  Chattooga. 
The  forty-third  of  Murray,  Whitfield  and  Gordon. 
The  forty-fourth  of  Walker,  Dade  and  Catoosa. 

The  Report  was  taken  up  and  read. 
Mr.  Tidwell,  from  the  same  committee,  offered  the  fol- 
io wins  as  a  minoritv 

REPORT : 

The  3?th  District  shall  be  composed  of  the  counties  of 
Troup,  Merriwether,  and  Heard;  the  36th  District,  of 
Coweta,  Fayette,  and  Clayton;  the  3 -1th  District,  of  Ful- 
ton, Gwinnett,  and  DeKalb  ;  the  3-5th  District,  of  Cobb, 
Campbell,  and  Carroll:  the  26th  District,    of  Spalding, 

Henry,  and  Butts. 

*  i»-  »i  .  *». 

Mr.  Chastain  moved  the  previous  question,  which 
being  seconded  and  sustained,  the  main  question,  to-wit  : 
the  adoption  of  the  original  Heport,  was  put,  and  decided 
in  the  affirmative.  So  the  Ordinance  embraced  therein, 
having  been  read  twice,  was  adopted. 

Mr.  Glenn  of  Fulton,  from  the  committee  on  the  Con- 
stitution and  Laws  of  the  State,  and  the  Constitution  of 
the  Uuired  States,  to  whom  was  referred  the  Resolution 
tendering  a  location  for  the  Capitol  of  the  Confederate 
States,  reported  the  following  Resolutions  : 

Resolved^  That  the  Convention  hereby  expresses  the 
willingness  of  the  People  of  Georgia  to  cede  a  portion  of 
the  Territory  of  this  State,  not  exceeding  ten  miles  square, 
to  the  Government  of  the  Confederate  States,  for  a  Capital 
and  permanent  seat  of  Government;  and  should  the  Con- 
h:-derate  States  select  any  portion  of  the  Territory  of  this 
State  for  said  purpose,  the  Legislature  be,  and  it  is  hereby 
authorized  to  cede  jurisdiction  thereof  ;  if,  in  their  judg- 
ment, such  cession  be  consistent  with  the  interest  and 
safety  of  the  State. 

Resolved,  That  the  President  of  this  Convention  forward 
a  certified  copy  of  the  above  and  foregoing  Resolution  to 


214 


JOURNAL  OF  THE 


the  President  of  the  Congress  of  the  Provisional  Govern- 
ment of  the  Confederate  States. 

>,$  vVv  i  •  •/.•     •         y\-v»&-*'\^.--+*  v 

The  report  was  taken  up,  read,  and  adopted. 
Mr.  Cannon  of  Rabun  laid  upon  the  table  the  following 
Resolution,  which  was  taken  up,  read  and  lost: 

Resolved,  That  the  Resolution  relative  to  compensation, 
shall  not  exclude  the  delegate  from  Rabun  county,  wTho 
has  been  granted  leave  of  absence  on  account  of  sickness, 
which  sickness  was  contracted  while  returning  from  the 
session  at  Milledgeville. 

Mr.  Alexander  of  Upson  offered  the  following  Ordinance, 
which  was  taken  up,  and  read: 

AN  ORLINANCE 

To  perfect  the  organization  of  the  Senate  of  the  State  of 

Georgia : 

Be  it  Ordained,  by  the  People  of  Georgia,  in  Convention 
assembled,  and  it  is  hereby  Ordained  by  authority  of  the 
same, 

That  when  the  Senate  shall  convene  and  organize,  it 
shall  as  soon  as  practicable,  proceed  to  divide  the  said 
Senators  into  two  classes;  one  class  to  consist  of  the 
Senators  chosen  from  the  Districts  which  are  known  by 
having  odd  numbers,  and  the  other  class  to  consist  of  the 
Senators  chosen  from  the  Districts  being  known  by  even 
numbers — one  class  to  hold  their  office  for  two  years,  and 
the  other  class  for  four  years — the  same  to  be  determined 
by  lot.  At  every  subsequent  election  (which  shall  be  bi- 
ennial,) each  District  of  the  class  whose  time  it  shall  be  to 
elect,  shall  choose  its  Senator,  who  shall  hold  his  office  for 
the  term  of  four  years. 

Mr.  Tidwell  moved  to  refer  the  same  to  the  committee 
on  the  Constitution  and  Laws. 
The  motion  wTas  lost. 

Mr.  Starr  moved  to  strike  out  all  in  relation  to  the  divis- 
ion of  Senators,  and  the  four  years  tenure,  and  insert  "that 
the  Senators  shall  be  elected  bi-enially." 

Mr.  Alexander  of  Upson  moved  the  previous  question, 


GEORGIA  CONVENTION. 


215 


which  being  seconded  and  sustained,  the  main  question, 
to-wit:  the  passage  of  the  Ordinance,  was  put,  when  the 
yeas  and  nays  were  demanded  to  be  recorded. 

There  are  yeas  88,  nays  146. 


Those  who  voted  in  the  affirmative,  are  Messrs. 


Adams  of  Camden, 
Adams  of  Putnam, 
Alexander  of  Fulton, 
Alexander  of  Upson, 
Allen, 
Bartow, 

Bell  of  Forsyth, 
Beall  of  Troup, 
Benning, 
Black, 

Brown  of  Houston, 

Brown  of  Marion, 

Bryan, 

Burnett. 

Calhoun, 

Clarke, 

Cobb, 

Crawford  of  Richmond, 

Davis  of  Chattahoochee, 

Davis  of  Putnam, 

Dewberry, 

Ellington, 

Fleming:, 

Fields," 

Fort  of  Stewart, 
Fort  of  Wayne, 
Gaul  den, 
Gardner, 
Garvin, 

Glenn  of  Oglethorpe, 

Giles, 

Gordon, 

Gray, 

Harris  of  Hancock, 

Harvey. 

Hendricks, 

Hilliard, 

Hull, 

Humphries, 
Johnson  of  Jefferson, 
Johnson  of  Oglethorpe, 


Jones  of  Chatham, 

Kenan, 

Ketchum, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Logan, 

Lyle, 

Man  son, 

Martin  of  Elbert, 
Martin  of  Lumpkin, 
McCulloch, 
McDaniel, 
Means, 

Moor  of  Spalding, 

Mounger, 

Munnerlvn, 

Neil  of  Talbot, 

Msbet, 

Padget, 

Phinizy  of  Monroe, 

Phinizy  of  Richmond, 

Pitts, 

Porter, 

Reese, 

Richardson  of  Lee, 
Robinson, 
Roddey, 
Rutherford, 
Sharp  e, 
Shell, 
Skelton, 
Simms, 
Singleton, 
Solomons, 
Spencer, 

Stephens  of  Hancock, 
Stephens  of  Taliaferro, 
Strickland  of  Forsyth, 
Thomas  of  Dooly, 
Thomas  of  Whitfield, 
Trippe,. 


.6  JOURNAL 

Turner  of  Wilcox, 

Varnadoe, 

Willingham, 

Those  who  voted  in  the  ne: 

Algood, 
Arnold, 
Blalock, 
Bo  wen, 
Bozeman, 
Brew  ton, 
Briscoe, 

Brown  of  Webster, 
Bullard, 
Bush, 
Butts, 
Byrd,  : 

Cannon  ot  Rabun, 
Cannon  of  Wayne, 
Cantrell, 
Carson, 
Carswell, 
.  Casey 4\ 
C has tain, 
Cheshier, 
Cleaveland, 
Cochran  of  Terrell, 
Cochran  of  Wilkinson, 
Coleman, 
Corn, 

Crawford  of  Greene, 
Daniel, 

Davenport  of  Clay, 
Davenport  of  Sumter, 
Day, 

Dickerson, 
Fain, 

Farnsworth, 
Fitzpatrick, 
Ford, 
Fouche, 
Freeman, 
Frier, 
French, 
Furlow, 

Glenn  of  Fulton, 
Glover, 
Gunn, 


OP  THE 

Wood, 
Word, 

Young  of  Gordon. 
;ative  are  Messrs. 

Hale, 

Hall, 

Haines, 

Hammond, 

Hansell, 

Harvill, 

Harris  of  Glynn, 

Harris  of  Mcintosh, 

Hawkins, 

Head, 

Henderson, 

Hendry, 

Herrington, 

Hill  of  Troup, 

Hines, 

Hoyal, 

Hood, 

Howell, 

Hudson  of  Gwinnett, 

Hudson  of  Harris, 

Huggins, 

Hust, 

Jackson, 

Jennings, 

Johnson  of  Clayton, 

Johnson  of  Hall, 

Jones  of  Burke, 

Killgore, 

Kimsey, 

Kirkland, 

Knox, 

Lamb, 

Lattimer  of  Appling, 

Lattimer  of  Montgomery, 

Low, 

Lester, 

Lindley, 

Logue, 

Mabry  of  Berrien, 
Marshall, 

Martin  of  Merri wether, 
McConnell  of  Catoosa, 
McConnell  of  Cherokee, 


GEORGIA  CONVENTION. 


217 


McDonald, 

McLeod, 

McRae, 

Mershon, 

Milton, 

Moore  of  Bulloch, 

Montgomery, 

Morrow, 

Overstreet, 

Paris, 

Patrick, 

Pickett, 

Pierce, 

Pittman, 

Pofford, 

Ponder, 

Poullain, 

Prescott, 

Price, 

Ramsey  of  Clinch, 

Ramsey  of  Muscogee, 

Reed,  * 

Reynolds, 

Rice, 

Saffold, 

Shannon, 

Shropshire  of  Floyd, 
Slater, 

Simmons  of  Pickens, 
Sirmons, 

So  the  Ordinance  was  lost. 


Sisk, 

Smith  of  Johnson, 
Spence, 
Stapleton, 
Starr, 

Stephens  of  Pierce, 
Street, 

Strickland  of  Tatnall, 
Styles, 
Taliaferro, 
Teasley, 
Tidwell, 
Tillman, 
Tomlinson, 
Tucker  of  Colquitt, 
Tucker  of  Laurens, 
Walton, 
Webb, 
Wellborn, 
Whelchel, 
Whitehead, 

Williams  of  Chattooga, 
Williams  of  Harris, 
Williams  of  Mcintosh, 
Williamson, 
Willis, 

Winn  of  Cobb, 
W  right, 
Yopp, 

Young  of  Irwin* 


Mr.  Martin  of  Lumpkin  laid  upon  the  table  the  follow- 
ing Preamble  and  Resolutions,  which  were  taken  up,  and 
read : 

Whereas,  The  Rev.  Charles  W.  Thomas,  a  citizen  of 
Georgia,  and  lately  a  Chaplain  in  the  United  States  Navy, 
did,  upon  the  secession  of  the  State  of  Georgia,  imme- 
diately resign  his  office  in  said  United  States  Navy,  thus 
acknowledging  his  duty  and  allegiance,  both  to  Georgia  and 
the  South,  as  a  true  and  devoted  son.  And  whereas,  in 
point  of  talents  and  attainments,  whether  as  rendering  him 
capable  to  honor  his  State,  or  serve  the  holy  cause  of 
religion,  he  stands  inferior  to  none.  And  whereas,  as  well 
for  his  many  years  of  laborious  service,  in  doing  good 


218 


JOURNAL  OF  THE 


among  the  soldiery  of  the  sea,  at  many  personal  sacrifices, 
as  his  unabated  desire  to  continue  in  a  similar  service  un- 
der the  Confederate  States  of  America  :  And  whereas,  he 
was  the  first  among  his  brother  Chaplains,  to  approve  the 
policy  of  the  seceding  States,  by  being  first  to  resign  his 
place  in  the  old  government.  Therefore, 

Resolved,  That  this  Convention  recommend  him  to  the 
appointing  power  of  the  Confederate  States  of  America, 
with  the  request  that  he  receive  the  appointment  of  Senior 
Chaplain  of  the  Navy,  or  such  other  rank  or  station,  as  his 
official  character  and  merit  deserves. 

Resolved,  That  the  Secretary  forward  a  copy  of  the 
foregoing  Preamble  and  Resolutions  to  the  proper  depart- 
ment of  the  Confederate  States  of  America,  having  juris- 
diction in  the  premises. 

Mr.  Bartow  moved  to  refer  the  same  to  the  committee 
on  Military  Affairs. 

The  motion  did  not  prevail,  and  the  Preamble  and  Reso- 
lutions were  adopted. 

Leave  of  absence  was  granted  to  Messrs.  Hill  of  Hart, 
and  McGrrifF. 

Mr.  Cobb  moved  that  when  the  Convention  proceed  to 
consider  the  order  of  the  day  for  to-morrow,  it  do  so  in 
secret  session. 

The  motion  prevailed. 

The  Convention  then  adjourned  till  4  o'clock,  P.  M. 


FOUR  O'CLOCK,  P.  M. 
The  Convention  met  persuant  to  adjournment. 

Mr.  Hawkins  asked  leave  of  absence  for  the  balance  of 
the  day,  for  the  committee  on  the  organization  of  the  Con- 
gressional Districts. 

The  leave  of  absence  was  granted. 

Mr.  Phinizy  of  Monroe  offered  the  following  Resolution, 
which  was  taken  up,  read,  and  laid  on  the  table  for  the 
present: 


GEORGIA  CONVENTION.  219 

Resolved,  That  this  Convention  will  adjourn  on  Friday, 
the  22nd  inst. 

Mr.  Bartow  from  the  committee  on  Military  Affairs,  laid 
on  the  table  the  following  Ordinance,  which  was  taken  up, 
read  twice,  and  adopted: 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States, 
certain  arms  and  munitions  of  war,  and  for  other  pur- 
poses. 

The  people  of  Georgia  m  Convention  assembled  do  ordain, 

Section  1st.  That  the  control  of  all  military  operations 
in  this  State,  having  reference  to  or  connection  with  ques- 
tions between  this  State,  or  any  of  the  Confederate  States 
of  America,  and  powers  foreign  to  them,  is  hereby  trans- 
ferred to  the  ^  Government  of  the  Confederate  States  of 
America. 

Sec.  2d.  That  the  State  of  Georgia  hereby  transfers 
to  the  Government  of  the  Confederate  States  of  America, 
the  arms  and  munitions  of  war,  acquired  from  the  United 
States,  with  the  Forts  and  Arsenals,  and  which  are  now  in 
the  said  Forts  end  Arsenals. 

Sec.  3d.  That  the  Governor  of  this  State  is  hereby  au- 
thorized to  transfer  to  the  Government  of  the  Confederate 
States,  such  arms,  munitions  of  war,  vessels  or  steamers  be- 
longing to  the  States,  as  in  his  judgment  may  be  expedi- 
ent, and  upon  such  terms  as  may  be  agreed  on  with  the 
said  Government  of  the  Confederate  States. 

Sec.  4th.  The  transfer  herein  provided  for,  shall  be  con- 
ducted on  the  part  of  this  State  by  the  Governor  thereof, 
the  Government  of  the  Confederate  States  undertaking  to 
account  for  all  such  arms  and  munitions  of  war,  as  are  here- 
by transferred. 

He,  also,  from  the  same  committee,  reported  the  follow- 
ing ordinance,  which  was  taken  up,  read  twice,  and  adopt- 
ed. 


220  JOURNAL  OF  THE 

AN  ORDINANCE 

To  transfer  to  the  Provisional  Government  of  the  Confede- 
rate States  of  America,  the  use  and  occupancy  of  the 
Forts,  Arsenals,  Navy  Yards,  Custom  Houses,  and  other 
public  sites  within  the  limits  of  this  State. 

The  People  of  Georgia,  in  Convention  assembled,  do  or- 
da  in, 

That  the  Government  of  the  Confederate  States  of  Ame- 
rica is  hereby  authorized  to  occupy,  use,  and  hold  posses- 
sion of  all  Forts,  Navy  Yards,  Arsenals,  Custom  Houses, 
and  other  public  sites,  with  their  appurtenances  within  the 
limits  of  this  State,  and  lately  in  the  possession  of  the 
United  States  of  America,  and  to  repair,  rebuild,  and  con- 
trol the  same  at  its  discretion,  until  this  ordinance  be  re- 
pealed by  a  Convention  of  the  people  of  this  State. 

Mr.  Bartow  laid  on  the  table,  the  following  memorial, 
which  was  read: 

To  the  Honorable,  the  President  and  Members  of  the  Georgia 
Convention. 

The  petition  of  the  undersigned  respectfully  sheweth  un- 
to your  honorable  body,  that  by  an  ordinance  passed  on 
the  day  A.  D.  1861,  the  Governor  of  Geor- 
gia was  authorized  to  receive  and  commission  into  the  ser- 
vice of  this  State,  all  officers  of  the  Army  and  Navy,  mem- 
bers of  the  Army  and  Navy  of  the  United  States  who  should 
resign,  and  tender  their  services  to  the  Governor  of  this 
State. 

That  under  the  construction  placed  upon  the  ordinance 
by  his  Excellency  the  Governor,  it  appears  that  the  services 
of  your  petitioner  who  recently  resigned  the  position  of 
Captain  in  the  United  States  Navy,  cannot,  under  said  ordi- 
nance be  accepted,  and  for  this  reason. 

The  ordinance  referred  to,  appears  to  contemplate  the 
appointment  of  only  such  officers  as  should  resign  from  the 
active  list  of  the  United  States  Army  and  Navy.  Your  pe- 
titioner was  on  the  reserved  list  of  the  United  States  Navy, 


GEORGIA  CONVENTION. 


221 


and  from  that  list  resigned  his  position  of  Captain  as  afore- 
said. 

Your  petitioner  respectfully  submits,  that  at  his  own  re- 
quest, he  was  placed  upon  the  reserve  list.  That  he  is  not 
an  invalid,  but  in  the  possession  of  sound  health,  and  ready 
and  able  to  perform  any  and  every  service  which  may  be 
required  of  him,  either  at  sea  or  upon  shore.  That  he  has 
been  for  more  than  fifty  years  actively  engaged  in  the  Nav- 
al service  of  the  United  States.  That  he  is  a  native  Geor- 
gian, and  very  desirous  of  again  serving  his  State  in  her 
sovereign  capacity,  or  as  a  naval  officer  in  the  Confederate 
Navy. 

And  your  petitioner  would  further  show  unto  your  hono- 
rable body,  that  the  reason  why  a  retired  list  is  used,  is 
simply,  where  there  is  a  redundancy  of  officers,  and  where 
advanced  officers  have  been  for  a  longtime  actively  engaged 
in  the  service,  leave  of  absence  is  granted  to  such  officers,  in 
order  to  afford  opportunty  for  recuiting  themselves,  and  al- 
so to  permit  young  officers  to  see  the  service,  which  will 
prepare  them  for  any  and  every  emergency. 

And  your  petitioner  would  most  respectfully  and  earnest- 
ly request  that  your  Honorable  body  would  authorize  his 
Excellency  the  Governor,  to  receive  your  petitioner  into 
the  service  of  the  State,  upon  the  same  terms,  and  .Avith 
the  same  rank  with  the  position  in  the  United  States 
Navy,  from  which  your  petitioner  recently  resigned. 

And  your  petitioner  hereby  expresses  himself  ready  and 
anxious  to  do  and  perform  any  and  every  active  service  that 
may  be  required  of  him. 

And  your  petitioner  would  earnestly  request  that  such  a 
construction  may  be  placed  upon  the  said  ordinance,  as  will 
relieve  your  petitioner  from  its  application,  and  further  that 
his  Excellency,  the  Governor  of  Georgia,  may  be  enabled 
under  and  by  said  ordinance  and  its  provisions,  to  receive 
into  the  service  of  the  State  your  petitioner  in  the  manner 
within  indicated. 

And  your  petitioner  as  in  duty  bound  will  ever  pray  &c, 
Signed,  THOS.  M.  NEWELL, 

late  Captain  of  the  U.  S.  Navy. 

Savannah,  March  19th,  1861. 


222 


JOURNAL   OF  THE 


He  then  offered  the  following  resolution,  which  was  tak- 
en up,  and  read: 

Resolved,  That  officers  of  the  Navy  on  the  retired  list, 
shall  be  placed  on  the  same  footing  as  those  on  the  active 
list,  under  the  provision  of  an  ordinance  entitled  an  or- 
dinance concerning  officers  of  the  Army  and  Navy  hereto- 
fore passed  by  this  Convention. 

On  motion  of  Mr.  Kenan,  the  resolution  was  laid  on  the 
table. 

On  motion  of  Mr.  Alexander,  of  Upson,  the  Convention 
then  adjourned  till  ten  o'clock  to-morrow  morning. 

 . 

THURSDAY,  MARCH  21,  1861. 

The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Low. 

A  quorum  being  present,  the  journal  was  read,  when 
Mr.  Tidwell  moved  to  reconsider  so  much  of  the  journal  of 
yesterday  as  relates  to  the  adoption  of  the  report  of  the 
Committee  to  organize  the  Senatorial  Districts  of  the  State, 
in  relation  to  the  rejection  of  his  amendment,  upon  the 
adoption  of  the  ordinance  reported  by  said  committee. 

The  motion  was  lost. 

Mr.  Briscoe,  from  the  Committee  on  Enrollment  made 
the  following  report,  to-wit : 

Mr.  President: 

The  Committee  on  Enrollment  report  as  duly  enrolled, 
and  ready  for  the  signature  of  the  President — 

AN  ORDINANCE 

To  transfer  to  the  Provisional  Government  of  the  Con- 
federate States  of  America,  the  use  and  occupancy  of  the 
Forts,  Arsenals,  Navy  Yards,  Custom  Houses,  and  other 
public  sites,  within  the  limits  of  this  State. 


GEOKGIA  CONVENTION.  223 

Also, 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States, 
•certain  arms  and  munitions  of  war,  and  for  other  purposes. 

Both  of  which  were  signed  by  the  President,  and  de- 
p  osited  in  the  office  of  the  Secretary  of  State. 

On  motion  of  Mr.  Cobb,  the  Convention  went  into  secret 
session,  and  having  spent  some  time  therein,  adjourned,  on 
motion  of  Mr.  Cobb,  till  to-morrow  morning  nine  o'clock. 


FRIDAY,  MARCH  22,  1861. 

The  Convention  met  pursuant  to  adjournment,  and 
was  opened  with  prayer  by  the  Rev.  Mr.  Williamson. 

A  quorum  being  present,  the  journal  was  read, 

When  leave  of  absence  was  granted  to  Mr.  Stephens,  of 
Monroe,  and  Messrs.  Ramsey  and  Munnerlyn,  who  have  been 
ordered  to  Pensacola  with  their  companies,  and  also  to  Mr. 
Garvin,  of  Richmond. 

Mr.  Hull  announced  that  he  was  authorized  and  request- 
ed by  George  Younge,  Esq.,  the  Superintendent  of  the 
Georgia  Railroad,  at  Augusta,  to  tender  the  use  of  that  road 
free  of  charge,  to  returning  members  and  officers  of  the 
Convention. 

On  motion  of  Mr.  Cobb,  the  Convention  went  into  secret 
session,  and  having  spent  some  time  therein,  adjourned  till 
ten  o'clock  to-morrow  morning. 


SATURDAY,  MARCH  23,  1861. 


The  Convention  met  pursuant  to  adjournment,  and  was 
opened  with  prayer  by  the  Rev.  Mr.  Landrum. 


224  JOURNAL  OF  THE 

A  quorum  being  present  the  journal  was  read. 

The  Convention  then  went  into  secret  session,  and  having 
spent  some  time  therein,  adjourned  at  night,  sine  die. 


■ 


GEORGIA  CONVENTION. 


225 


IN    SECRET  SESSION 

AT  SAVANNAH. 

SAVANNAH,  MARCH  8,  1S61. 

The  Convention,  being  in  secret  session,  on  motion  c-l 
Mr.  Rice,  took  up  the  following  resolution  : 

Resolved,  That  a  44  Committee  of  Seven"  be  appointed  to 
examine  into  the  condition  of  the  defences  of  the  city  of 
Savannah  and  its  approaches  ;  to  enquire  what  additional 
defence,  if  any,  may  be  necessary,  and  to  report  to  this 
Convention  at  the  earliest  possible  day. 

Mr.  Styles  moved  to  amend  the  same  by  inserting  after 
the  word  "approaches"  the  following  :  "and  along  the  coast 
of  Georgia.'n 

The  motion  was  lost. 

-  ■ 

Mr.  Shropshire,  of  Floyd,  offered  the  following  as  a  sub- 
stitute for  the  fore<K)in£  resolution  : 

Resolved,  That  his  Excellency,  the  Governor  of  this  State, 
be  requested  to  communicate  to  this  Convention  all  the 
information  in  his  possession  relative  to  the  condition  of 
the  defences  of  the  State. 

Which,  on  motion  of  Mr.  Briscoe,  was  amended  by  adding; 
the  following  : 

"  And  that  a  committee  of  seven  be  appointed  to  exam- 
ine into  the  condition  of  the  defences  of  Savannah  and  its 
approaches ;  to  inquire  what  additional  defence,  if  any. 
may  be  necessary,  and  report  thereon  to  this  Convention  at 
the  earliest  possible  day/' 
15 


226  JOUKNAL  OP  THE 


On  motion  of  Mr.  Harris,  of  Glynn,  the  same  was  further 
amended  by  adding  the  following  : 

"And  an  additional  Committee  of  Seven  to  enquire  into 
the  whole  coast  of  the  State." 

The  substitute,  as  amended,  was  received,  when  Mr. 
Styles  moved  that  the  Convention  do  now  adjourn. 

The  motion  was  lost. 

Mr.  Roddey  calledTor  the  "previous  question"  which  being 
seconded  and  sustained,  the  main  question  was  put,  to-wit, 
upon  the  passage  of  original  resolution  of  Mr.  Rice,  which 
was  carried. 

So  the  resolution  was  adopted. 

The  Convention  then  adjourned  till  eleven  o'clock  to- 
morrow morning. 

FRIDAY,  MARCH  15,  1861. 

. 

The  Convention  met  in  secret  session,  Mr.  Hull  in  the 
Chair,  when  the  following  communication  from  his  Excel- 
lency, Governor  Brown,  was  taken  up,  read,  and, 

On  motion  of  Mr.  Glenn,  of  Fulton,  was  referred  to  the 
"  Committee  on  Military  Affairs."  to-wit : 

Savannah,  March  15th,  1861. 

To  the  Convention  : 

While  in  session  at  Miiledgeville,  an  ordinance  was  pass- 
ed by  the  Conventian,  which  made  it  my  duty  to  raise  two 
regiments  of  regular  troops  in  Georgia  ;  which  regiments 
were  expected  to  be  turned  over  to  the  General  Govern- 
ment of  the  seceding  States  when  formed,  and  to  become  a 
part  of  the  regular  Army  of  the  Confederacy.  The  ordi- 
nance made  it  my  duty,  as  far  as  practicable,  to  officer  the 
regiments  with  Georgians,  who  were  lately  officers  in  the 


GEORGIA  CONVENTION. 


2m 


United  States  Army,  and  who  had  or  might  resign,  with 
the  patriotic  purpose  of  entering  the  service  of  this  State. 
I  was  also  directed  to  preserve  the  relative  rank  of  all  such 
officers. 

In  obedience  to  the  commands  of  the  Convention,  I  pro- 
ceeded as  fast  as  possible,  with  the  organization  of  the  regi- 
ments. In  the  selection  of  officers,  I  not  only  appointed 
every  officer  of  the  United  States  Army  from  Georgia,  who 
had  at  the  time  resigned,  but  I  appointed  every  one  on  the 
active  list  in  the  Army  and  Navy  from  Georgia.  Some 
were  in  Oregon  or  Washington  Territory,  some  on  the  coast 
of  Africa.,  and  one  probably  in  India.  These  had  not  resign- 
ed :  but  I  felt  it  my  duty  to  reserve  a  place  for  each  of  them, 
till  he  could  be  heard  from.  I  preserved  the  relative  rank 
of  each,  by  appointing  no  one  of  a  lower  grade,  over  any 
one  of  a  higher  grade  ;  and  I  advanced  each  as  far  as  it  was 
in  mv  power  to  do.  The  whole  number  however,  was  not 
sufficient  to  officer  the  two  regiments.  I  was  obliged  there- 
fore, to  fill  nart  of  the  places  with  gentlemen  from  civil  life. 
This  I  did  by  the  appointment  of  such  gentlemen,  as  were, 
in  my  iudgment,  best  cpialiried  tor  the  discharge  of  the  du- 
ties of  the  respective  positions  assigned  them.  I  may  be 
here  excused  for  remarking,  that  my  conduct  has  been  criti- 
cised and  censured  by  some,  because  I  appointed  certain 
gentleman  from  civil  life,  to  higher  positions  than  I  give 
some  of  the  officers  of  the  Army. 

It  is  true  that  I  have  appointed  gentlemen  who  were  not 
officers  in  the  United  States  Army,  to  higher  positions  than 
I  have  given  to  some  who  were  officers  of  the  Army.  Had 
I  pursued  a  different  course,  and  appointed  no  one  from  civil 
life,  all  I  had  given  each  Army  officer  a  place  :  I  must  have 
excluded  gentlemen  of  anything  like  high  position,  who  had 
age  and  experience,  from  any  place  in  the  regiments,  as 
they  could  not  have  accepted  positions  below  the  lowest 
grades  of  Army  officers.  As  an  instance,  I  appointed  Gen. 
Chanes  J.  Williams,  of  Muscogee,  who  served  with  distinc. 
tion  in  the  war  with  Mexico,  is  the  present  Speaker  of  the 
House  of  Representees  of  the  State,  and  a  Brigadier  Gene- 
ral ,  to  the  position  of  Lieutenant  Colonel  of  the  first  Regi- 
ment; and  Col.  E.  W.  Chastain,  a  member  of  this  Conven- 
tion, who  has  been  a  Representative  in  the  Congress  of  the 


228 


JOURNAL  OF  THE 


late  United  States,  from  this  State,  a$d  who  commanded  a 
regiment  in  the  Florida  war,  as  Lieutenant  Colonel  of  the 
Second  Regiment.  I  certainly  could  not,  with  any  degree 
of  propriety,  have  tendered  either  of  these  gentleman  a 
place  below  a  young  gentleman  recently  graduated  at  West 
Point,  who  occupied  the  position  of  a  Second  Lieutenant 
only,  in  the  United  States  Army, 

I  might  mention  other  instances  when  such  an  appoint- 
ment would  have  been  equally  improper.  Had  I  refused  to 
appoint  any  gentleman  of  position  similar  to  those  above 
mentioned,  and  given  all  the  first  places  to  Army  officers,  I 
must  have  filled  all  the  remaining  places  with  young  gen- 
tlemen from  civil  .life,  who  had  but  little  experience.  The 
result  would  have  been,  that  the  Army  officers  and  the  young 
gentlemen  appointed  from  civil  life,  would  have  been  alike 
in  a  great  measure,  strangers  to  our  people  ;  and  could  not 
probably  have  enlisted  the  regiments  in  two  years.  Indeed 
I  may  say,  that  nearly  all  the  recruits  obtained  thus  far, 
have  been  enlisted  by  officers  appointed  from  civil  life.  Most 
of  the  recruits  have  enlisted  because  they  knew  those  gen- 
tlemen, had  confidence  in  them,  and  were  willing  to  serve 
under  them.  They  would  not  have  enlisted  under  Army 
officers  or  strangers. 

Between  four  and  five  hundred  recruits  have  already  been 
obtained,  and  others  are  coming  in  daily.  Justice  to  them 
requires  that  they  be  permitted  to  go  under  those  on  the 
faith  of  whose  command  they  enlisted,  or  that  they  be  dis- 
charged. It  has  frequently  been  remarked  that  the  appoint- 
ments made  by  me,  would  not  be  recognized  by  the  Presi- 
dent. I  have  organized  the  regiments  and  made  the  ap- 
pointments under  the  direction  of  the  Convention  of  the 
people  of  this  State,  and  must  submit  the  question  back  to 
the  authority  under  which  I  have  acted,  for  instruction  in 
the  premises,  in  case  the  action  of  the  authorities  in  this 
State  is  not  recognized.  I  am  informed  by  a  member  of 
the  Convention,  wTho  had  an  interview  with  the  President, 
that  the  regiments  will  be  received  for  the  three  years  for 
which  they  enlisted,  but  that  the  officers  will  not  be  accept- 
ed as  permanent  officers  of  the  Army  of  the  Confederate 
States.    It  is  for  the  Convention  to  say  upon  what  terms 


GEORGIA  CONVENTION. 


229 


they  will  consent  to  have  these  regiments  and  their  officers 
received. 

I  have  tendered  them  to  the  Secretary  of  War.  and  am 
prepared  to  follow  any  instructions  which  the  representa- 
tives of  the  people,  under  whose  authority  I  have  acted, 
may  think  proper  to  give. 

It  will  be  borne  in  mind  by  members  of  the  Convention, 
that  the  Legislature  at  its  last  session,  authorized  the  Gov- 
ernor to  accept  the  services  of  ten  thousand  volunteers. 
The  Government  of  the  Confederate  States  has  assumed  con- 
trol of  all  military  operations,  which  are  to  be  conducted 
-against  foreign  powers  within  the  limits  of  any  of  the  Con- 
federate States.  The  State  has  reserved  to  itself  however* 
the  right  to  repel  invasion,  and  to  use  military  force  in  case 
of  invasion  or  imminent  danger  thereof. 

If  we  should  be  suddenly  attacked  by  a  large  force,  the 
first  law  of  nature  might  require  that  we  meet  and  expel 
the  invaders  without  delay.  In  such  an  event,  a  thorough 
organization  of  the  Volunteer  force  of  the  State,  would  be 
indispensable  to  prompt  action.  With  a  view  to  secure 
such  organization,  I  have  appointed  Colonel  Henry  R.  Jack- 
son, of  Chatham,  Major  General  of  the  first  division  of  Vol- 
unteer forces,  and  Paul  J.  Semmes  of  Muscogee,  and  William 
Phillips  of  Cobb,  Brigadier  Generals. 

Col.  William  H.  T.  Walker,  late  of  the  United  States 
Army,  who  has  rendered  most  distinguished  service  on  so 
many  battle-fields,  has  also  been  appointed  Major  General 
of  the  second  division.  The  first  division  will  be  organized 
as  speedily  as  possible,  and  the  officers  called  together  for 
the  purpose  of  drill ;  after  which  they  will  be  ordered  to 
hold  the  troops  under  their  command  in  readiness  as  minute 
men,  to  be  called  into  active  service,  should  a  sudden  inva- 
sion, or  a  call  from  the  Government  of  the  Confederate 
States  render  it  necessary.  The  companies  will  not,  how- 
ever, be  taken  into  the  pay  of  the  State,  till  they  are  requir- 
ed for  active  service. 

My  sincere  desire  is  to  render  to  the  government  of  the 
Con  ederate  States,  all  the  assistance  in  my  power,  in  the 
prosecution  of  the  noble  work  in  which  the  representatives 
of  a  free  and  independent  people  are  engaged.  We  must 
remember,  however,  that  the  government  has  but  recently 


230 


JOURNAL    OF  THE 


been  formed,  and  that  time  is  necessary  to  the  full  develop- 
ment of  its  resources  and  the  manifestation  of  its  power. 
In  the  mean  time,  the  State  authorities  should  be  actively 
engaged  in  preparation  for  self-defence,  and  should  leave 
nothing  undone  which  is  necessary  to  advance  the  common 
cause  in  which  we  are  all  so  vitally  interested.  I  shall,  to 
the  extent  of  my  ability,  cheerfully  and  promptly  carry  into 
effect  all  instructions  which  the  Convention  may  think 
proper  to  give  upon  this  and  other  subjects. 

I  would  enter  more  into  detail  in  regard  to  our  military 
preparations,  but  do  not  think  that  the  public  interest 
could  at  present  be  promoted  by  a  public  disclosure  of 
plans  and  operations  which,  to  be  successful,  must  necessa- 
rily be  private. 

I  respectfully  suggest  that  the  Convention  authorize  me; 
by  the  sale  of  State  Bonds,  or  the  use  of  Treasury  notes, 
or  both,  to  raise  and  expend  such  sums  of  money,  in  addi- 
tion to  the  appropriation  made  by  the  Legislature,  for  mil- 
itary purposes,  as  the  public  exigencies  may  require. 

JOSEPH  E.  BROWN. 

Mr.  Rice,  from  the  "  Committee  of  Seven,"  who  had 
been  appointed  to  examine  into  the  condition  of  the  defen- 
ces of  the  city  of  Savannah  and  its  approaches,  to  inquire 
what  additional  defence,  if  any,  was  necessary,  made  the 
following  report,  which  was  taken  up,  read,  and, 

On  motion  of  Mr.  Bartow,  was  referred  to  the  "  Com- 
mittee on  Military  Affairs,"  to-wit : 

The  Committee  appointed  to  examine  into  the  condition 
of  the  defences  of  the  city  of  Savannah  and  its  approaches, 
and  to  enquire  what  additional  defences,  if  any,  may  be 
necessary,  having,  as  far  as  in  their  power,  performed  the 
duty  assigned  them,  report  as  follows  : 

Having  examined  into  the  condition  of  the  defences  of 
the  city  of  Savannah  and  its  approaches,  and  having  taken 
the  opinions  of  persons  skilled  in  such  matters  as  to  the 
sufficiency  of  those  defences,  your  committee  report  that 
the  defences  of  the  city  of  Savannah  and  its  approaches,  in 


GEORGIA  CONVENTION. 


231 


their  present  condition,  are  entirely  inadequte  to  its  protec- 
tion, and  could  not  resist  a  strong  hostile  attack.  This 
inadequacy  of  these  defences  arises  mainly  from  a  want  of 
cannon,  and  especially  from  the  want  of  guns  of  large 
calibre  and  long  range.  We  are  assured  by  those  skilled 
in  the  science  of  defensive  operations,  that  with  a  suffi- 
ciency of  guns  of  the  right  kind,  the  defences  could  soon 
be  rendered  complete.  The  great  difficulty  has  been,  and 
continues  to  be,  in  procuring  such  guns  as  are  needed  for 
the  defences.  We  learn  from  his  Excellency,  the  Governor 
of  the  State,  that  he  had  a  contract  with  an  Iron  Compa- 
ny in  Pittsburg,  Pa.,  for  a  number  of  such  guns  as  are  most 
needed,  but  that  when  the  guns  were  made,  such  was  the 
prejudice  of  the  people  of  that  city  against  the  seceding 
States,  that  the  contractors  declined  delivering  the  guns? 
and  abandoned  the  contract.  This  delayed  the  obtaining 
the  needed  supply  of  guns.  The  Governor  informs  your 
committee  that  he  is  now  procuring  a  supply  of  such  guns 
as  are  most  needed  from  Iron  Works  hi  the  State  of  Virginia, 
as  fast  as  the  same  can  be  manufactured  and  forwarded. 
The  Government  of  the  Confederacy  having  given  notice  to 
the  States  of  the  Confederacy  that  it  will  take  charge  of  all 
Forts,  Arsenals,  &c,  and  of  all  military  operations,  it  might 
seem  to  be  the  duty  of  that  government  to  provide  for  the 
defence  of  Savannah,  and  of  all  exposed  points  of  our  State. 

When,  however,  we  recollect  that  the  government  of  the 
Confederacy  is,  as  yet,  only  a  provisional  government,  that 
it  has  just  been  organized,  and  is  as  yet  without  money,  or 
the  means  of  providing  for  the  common  defence  of  all  the 
States,  except  as  the  money  is  furnished  to  it  by  the  States, 
and  that  the  State  of  Georgia  must  therefore  from  the  ne- 
cessity of  the  case  furnish  the  money  to  provide  for  her 
own  defence,  your  committee  think  that  the  surest  and  the 
best  way  of  doing  so  will  be  for  the  State  to  continue  to 
purchase  all  the  guns  that  may  be  needed  for  the  defence  of 
the  State.  These  guns  will  then  be  the  property  of  the 
State,  and  if  at  any  time  hereafter  it  should  be  deemed  ad- 
visable that  the  same  should  be  turned  over  to  the 
government  of  the  Confederacy,  after  a  permanent  govern- 
ment is  formed,  and  that  the  government  can  receive  and 
account  for  the  guns  on  such  terms  as  may  be  agreed  on 


JOURNAL    OF  THE 


between  this  State  and  the  Confederate  government.  Your 
committee  would  therefore  recommend  the  passage  of  an 
ordinance  authorizing  and  instructing  the  Governor  of  this 
State  to  continue  to  purchase  as  fast  as  the  same  can  be 
procured,  all  such  guns  as  are  or  may  be  necessary  for  the 
defence  of  Savannah  and  its  approaches,  as  well  as  for  the 
defence  of  any  other  points  on  our  seaboard,  when  the 
same  may  be  needed. 

It  is  of  the  first  importance  that  we  make  sure  the  de- 
fence of  our  own  State.  Such  moneys  therefore  as  are 
intended  for  that  purpose  had  best  be  applied  directly  to 
that  purpose  by  our  State. 

In  connection  with  the  foregoing,  your  committee  further 
state  that  the  present  want  of  cannon  for  our  defences,  and 
the  difficulty  of  procuring  them,  led  your  committee  into 
the  consideration  of  the  propriety  of  the  adoption  by  the 
State  of  some  measure  by  which  an  early  and  sure  supply 
of  arms  may  be  obtained  by  the  State.  At  present  the 
.State  is,  as  above  mentioned,  procuring  cannon  from 
Iron  Works  in  the  State  of  Virginia.  The  present  indica- 
tions are  that  Virginia  will,  at  least  for  some  time,  remain  in 
the  United  States.  If  hostilities  should  occur  between  the 
United  States  and  this  Confederacy,  the  owner  of  those 
works  in  "Virginia  could  not  continue  to  furnish  us  with 
•guns  without  a  violation  of  the  laws  of  the  United  States. 
'There  would,  therefore,  be  great  danger,  in  case  war  should 
•occur  between  the  United  States  and  this  Confederacy,  that 
oar  supply  of  guns  would  be  cut  oft  at  the  very  time  when 
we  might  need  them  most.  We  could  not,  then,  supply 
ourselves  from  Europe,  because  guns  would  then  become 
-contraband  articles. 

It  is  therefore  a  matter  of  the  greatest  importance  that 
•we  adopt  measures  to  secure  a  supply  of  large  guns  (and 
the  same  may  be  said  of  all  munitions  of  war)  by  having 
the  same  manufactured  in  our  own  State.  To  accomplish 
this  object,  good  policy  as  well  as  economy  dictate  the  im- 
portance of  our  encouraging  any  person  or  persons  who 
may  be  disposed  to  do  so,  to  erect  works  for  the  manufac- 
ture of  cannon,  &c.  The  erection  of  such  works  would 
.  require  capital,  and  men  of  capital  will  hesitate  about  em- 


GEOEGIA  CONVENTION. 


233 


barking  their  capital  in  what  would  be  in  this  State 
a  new  business,  unless  in  some  way  secured  against  the 
probability  of  loss.  For  these  reasons  and  many  others 
which  we  could  urge,  your  committee  recommend  that 
encouragement  be  given  to  the  erection  of  works  in  this 
State  for  the  manufacture  of  cannon,  by  the  offer  of  a  bonus 
to  any  person  or  company  who  shall,  at  the  earliest  day, 
erect  works  in  this  State  for  the  manufacture  and  casting  of 
cannon,  and  who  shall  agree  to  furnish  the  State  at  reason- 
able prices,  such  number  of  "  Columbiads"  and  other  can- 
non as  the  State  may  require.  W e  recommend  that  the 
bonus  be  offered  for  the  casting  of  "  Columbiads",  because 
that  is  the  gun  most  needed  for  our  defences.  We  feel  as- 
sured that  if  the  payment  of  such  a  bonus  secure  the  State 
a  supply  of  such  guns  as  the  State  needs,  it  will  be  money 
well  spent.  We  therefore  recommend  the  passage  of  the 
"  ordinance'''  herewith  submitted. 

AN  ORDINANCE 

To  encourage  the  manufacture  of  cannon  in  this  State. 

Be  it  ordained,  by  the  people  of  the  State  of  Georgia  by  their 
delegates  in  Convention  assmbled,  and  it  is  hereby  ordained, 

That  the  Governor  of  this  State  be,  and  he  is  hereby 
authorized  to  offer  a  bonus  not  exceeding  ten  thousand  dol- 
lars to  any  person  or  company  who  shall  erect  a  Foundry 
in  this  State  for  the  casting  of  cannon,  and  who  shall  at 
the  earliest  day  manufacture  a  ten  inch  "  Columbiad,"  and 
shall  agree  to  furnish  thereafter  the  State  at  reasonable 
prices  as  many  such  guns  and  other  large  guns  as  shall  be 
required  by  the  State,  at  the  rate  of  three  guns  per  week, 
or  such  other  number  as  may  be  agreed  on,  provided  that 
said  gun  and  guns  shall  be  subject  to  inspection  by  a  com- 
petent officer  appointed  by  the  Governor  for  that  purpose. 

The  Convention  then  adjourned  till  ten  o'clock  to-mor- 
row morning. 


234 


JOURNAL  OF  THE 


THURSDAY,  MARCH  21,  1S61. 

The  Convention  met  in  secret  session,  when  Mr.  Cobb, 
from  the  Committee  on  the  Constitution  and  Laws  of  the 
State,  and  the  Constitution  of  the  United  States,  to  whom 
was  referred  the  revision  of  the  (.  onstitution  of  the  State, 
made  the  following  Report : 

THE 

CONSTITUTION 

OF 

THE  STATE  OF  GEORGIA. 


ARTICLE  I. 
Declaration  of  Fundamental  Principles. 

1.  The  fundamental  principles  of  Free  Government  can- 
not be  too  well  understood,  nor  too  often  recurred  to. 

2.  God  has  ordained  that  men  shall  live  under  govern- 
ment; but  as  the  forms  and  administration  of  civil  govern- 
ment are  in  human,  and  therefore,  fallible  hands,  they  may 
be  altered,  or  modified  whenever  the  safety  or  happiness 
of  the  governed  requires  it.  No  government  should  be 
changed  for  light  or  transient  causes ;  nor  unless  upon 
reasonable  assurance  that  a  better  will  be  established. 

3.  Protection  to  person  and  property  is  the  duty  of 
Government ;  and  a  Government  which  knowingly  and 
persistently  denies,  or  withholds  from  the  governed  such 
protection,  when  within  its  power,  releases  them  from  the 
obligation  of  obedience. 

4.  No  citizen  shall  be  deprived  of  life,  liberty  or  proper- 
ty, except  by  due  process  of  law ;  and  of  life  or  liberty, 
only  by  the  judgment  of  his  peers. 

5.  The  writ  of  "Habeas  Corpus"  shall  not  be  suspended, 
unless  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

6.  The  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 


GEORGIA  CONVENTION. 


235 


7.  No  religious  test  shall  be  required  for  the  tenure  of 
any  office ;  and  no  religion  shall  be  established  by  law ; 
and  no  citizen  shall  be  deprived  of  any  right  or  privilege 
by  reason  of  his  religious  belief. 

S.  Freedom  of  thought  and  opinion,  freedom  of  speech* 
and  freedom  of  the  press,  are  inherent  elements  of  politi- 
cal liberty.  Bat  while  every  citizen  may  freely  speak, 
write  and  print,  on  any  subject,  he  shall  be  responsible  for 
the  abuse  of  the  liberty. 

9.  The  right  of  the  people  to  appeal  to  the  courts;  to 
petition  Government  on  all  matters  of  legitimate  cogni- 
zance ;  and  peaceably  to  assemble  for  the  consideration  of 
any  matter  of  public  concern — shall  never  be  impaired. 

10.  For  every  right,  there  should  be  provided  a  remedy  ; 
and  every  citizen  ought  to  obtain  justice  without  pur- 
chase, without  denial,  and  without  delay — conformably  to 
the  laws  of  the  land. 

11.  Every  person  charged  with  an  offence  against  the 
laws  of  the  State  shall  have  the  privilege  and  benefit  of 
counsel : 

Shall  be  furnished,  on  demand,  with  a  copy  of  the  accu- 
sation, and  with  a  list  of  the  witnesses  against  him : 

Shall  have  compulsory  process  to  obtain  the  attendance 
of  his  own  witnesses  : 

Shall  be  confronted  with  the  witnesses  testifvino-  against 
him  ;  and 

Shall  have  a  public  and  speedy  trial  by  an  impartial  jury. 

12.  No  person  shall  be  put  in  jeopardy  of  life  or  liberty 
more  than  once  for  the  same  offence. 

13.  Xo  conviction  shall  work  corruption  of  blood,  or 
sreneral  forfeiture  of  estate. 

14.  Excessive  bail  shall  not  be  required ;  nor  excessive 
fines  imposed :  nor  cruel  and  unusual  punishments  inflicted. 

15.  The  power  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  Legislative  Acts. 

16.  A  faithful  execution  of  the  laws  is  essential  to  good 
order  :  and  good  order  in  society  is  essential  to  liberty. 

17.  Legislative  Acts  in  violation  of  the  fundamental  law 
are  void  ;  and  the  Judiciary  shall  so  declare  them. 

IS.  Ex  post  facto  laws,  and  laws  impairing  the  obligation 


236 


JOURNAL  OF  THE 


of  contracts,  and  retro-active  legislation  injuriously  affect- 
ing the  right  of  the  citizen,  are  prohibited. 

19.  Laws  should  have  a  general  operation  ;  and  no  gen- 
eral law  shall  be  varied  in  a  particular  case  by  special  Legis- 
lation ;  except  with  consent  of  all  persons  to  be  affected 
thereby. 

20.  The  right  of  taxation  can  be  granted  only  by  the 
people;  and  shall  be  exercised  only  to  raise  revenue  for 
the  support  of  Government,  to  pay  the  public  debt;  to 
provide  for  the  common  defence,  and  for  such  other  pur- 
poses as  are  specified  in  the  grant  of  powers. 

21.  In  cases  of  necessity,  private  ways  may  be  granted 
upon  just  compensation  being  first  paid;  and  with  this 
exception,  private  property  shall  not  be  taken  except  for 
public  use;  and  then,  only  upon  just  compensation;  such 
compensation,  except  in  cases  of  pressing  necessity,  to  be 
first  provided  and  paid. 

22.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated ;  and  no  war- 
rant shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
or  places  to  be  searched,  and  the  persons  and  things  to  be 
seized. 

23.  Martial  law  shall  not  be  declared,  except  in  cases  of 
extreme  necessity. 

24.  Large  standing  armies,  in  time  of  peace,  are  danger- 
ous to  liberty. 

25.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time 
of  war,  but  in  a  manner  prescribed  by  law. 

26.  The  person  of  a  debtor  shall  not  be  detained  in 
prison  after  delivering  hona  fide  all  his  estate  for  the  use 
of  his  creditors. 

27.  All  powers  not  delegated  to  the  Government  ex- 
pressly, or  by  necessary  implication  are  reserved  to  the 
people  of  the  State ;  and  in  all  doubtful  cases  the  denial 
of  the  grant  is  the  ground  safest  for  the  liberty  of  the 
people. 

28.  The  enumeration  of  rights  herein  contained  shall  not 


GEORGIA  CONVENTION. 


237 


be  construed  to  deny  to  the  people  any  inherent  rights 
which  they  have  hitherto  enjoyed. 

29.  This  declaration  is  a  part  of  this  Constitution,  and 
shall  never  be  violated  on  any  pretence  whatever. 

ARTICLE  II. 
Section  1. 

1.  The  Legislative,  Executive  and  Judicial  departments, 
shall  be  distinct:  and  each  department  shall  be  confided  to 
a  separate  body  of  magistracy.  Xo  person  or  collection  of 
persons,  being  of  one  department,  shall  exercise  any  power 
properly  attached  to  either  of  the  others;  except  in  cases 
herein  expressly  provided. 

2.  The  Legislative  power  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives. 

3.  The  meeting  of  the  General  Assembly  shall  be  annual, 
and  on  the  first  Wednesday  in  November,  until  such  day  of 
meeting  shall  be  altered  by  law.  A  majority  of  each  House 
shall  constitute  a  quorum  to  transact  .business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  their  members  in  such  manner  as  each 
House  shall  prescribe.  No  session  of  the  General  Assem- 
bly shall  continue  for  more  than  forty  days,  unless  the  same 
shall  be  done  by  a  vote  of  two-thirds  of  each  branch  thereof. 

4.  The  compensation  of  the  members  and  officers  of 
the  General  Assembly  shall  be  fixed  by  law,  at  the  first 
session,  subsequent  to  the  adoption  of  this  Constitution  : 
and  the  same  shall  not  be  increased  so  as  to  affect  the  com- 
pensation of  the  members  or  officers  of  the  Assembly  by 
which  the  increase  is  adopted. 

5.  No  person  holding  any  military  commission  or  other 
appointment,  having  any  emolument  or  compensation  annex- 
ed thereto,  under  this  State  or  the  Confederate  States,  or 
either  of  them,  (except  Justices  of  the  Inferior  Court, 
Justices  of  the  Peace  and  officers  of  the  militia),  nor  any 
defaulter  for  public  money,  or  for  legal  taxes  required  of 
him,  shall  have  a  seat  in  either  branch  of  the  General  As- 
sembly ;  nor  shall  any  Senator  or  Representative,  after  his 
qualification  as  such,  be  elected  to  any  office  or  appoint- 


238 


JOURNAL  OF  THE 


ment  by  the  General  Assembly  having  any  emoluments  or 
compensation  annexed  thereto,  during  the  time  for  which 
he  shall  have  been  elected. 

6.  No  person  convicted  of  any  felony  before  any  Court 
of  this  State,  or  of  the  Confederate  States,  shall  be  eligible 
to  any  office  or  appointment  of  honor,  profit  or  trust,  with- 
in this  State. 

7.  No  person  who  is  a  collector  or  holder  of  public 
money,  shall  be  eligible  to  any  office  in  this  State,  until 
the  same  is  accou  nted  for  and  paid  into  the  Treasury. 

Section  2. 

1.  The  Senate  shall  consist  of  forty-four  members,  one  to 
be  chosen  from  each  senatorial  district,  which  district  shall 
be  composed  of  three  contiguous  counties.  If  a  new  county 
is  established,  it  shall  be  added  to  a  district  which  it  adjoins 
until  there  shall  be  another  arrangement  of  the  senatorial 
districts.  The  senatorial  districts  shall  not  be  changed  by 
the  Legislature,  except  when  a  new  census  shall  have  been 
taken. 

2.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  age  tff  twenty-five  years,  and  be  a  citizen  of 
the  Confederate  States,  and  have  been  for  three  years  an  in- 
habitant of  this  State. 

3.  The  presiding  officer  shall  be  styled  the  President  of 
the  Senate,  and  shall  be  elected  by  ballot,  from  their  own 
body. 

4.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members  pres- 
ent. Judgment,  in  cases  of  impeachment,  shall  not  extend 
further  than  removal  from  office  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  profit  or  trust  within  this 
State ;  but  the  party  convicted  shall,  nevertheless,  be  liable 
and  subject  to  indictment,  trial,  judgment  and  punishment 
according  to  law. 

Section  3. 

1.  The  House  of  Representatives 


GEORGIA  CONVENTION.  239 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-one  years,  and  be  a  citi- 
zen of  the  Confederate  States,  and  have  been  for  three  years 
an  inhabitant  of  this  State. 

3.  The  presiding  officer  of  the  House  of  Representatives 
shall  be  styled  the  Speaker,  and  shall  be  elected  by  ballot 
from  their  own  body. 

4.  They  shall  have  the  sole  power  to  impeach  all  persons 
who  l^ave  been  or  may  be  in  office. 

5.  All  bills  for  raising  revenue,  or  appropriating  money, 
shall  originate  in  the  House  of  Representatives ;  but  the 
Senate  may  propose  or  concur  in  amendments,  as  in  other 
bills. 

Section  4. 

2.  Each  House  shall  bethe  judge  of  the  election,  returns, 
and  qualifications  of  its  own  members  ;  and  shall  have  pow- 
er to  punish  them  for  disorderly  behavior  or  mis-conduct,by 
censure,  fine,  imprisonment  or  expulsion  ;  but  no  member 
shall  be  expelled  except  by  a  vote  of  two-thirds  of  the  House 
from  which  he  is  expelled. 

2.  Each  House  may  punish,  by  imprisonmeat  not  extend- 
ing beyond  the  session,  any  person  not  a  member,  who  shall 
be  guilty  of  a  contempt,  by  any  disorderly  behavior  in  its 
presence;  or  who,  during  the  session,  shall  threaten  injury 
to  the  person  or  estate  of  any  member,  for  anything  said  or 
done  in  either  House  ;  or  who  shall  assault  any  member 
therefor ;  or  who  shall  assault  or  arrest  any  witness  going 
to  or  returning  therefrom  ;  or  who  shall  rescue,  or  attempt 
to  rescue,  any  person  arrested  by  order  of  either  House. 

3.  The  members  of  both  Houses  shall  be  free  from  arrest, 
except  for  treason,  felony,  or  breach  of  the  peace,  during 
their  attendance  on  the  General  Assembly,  and  in  going 
to  and  returning  therefrom.  And  no  member  shall  be  liable 
to  answer,  in  any  other  place,  for  anything  spoken  in  debate 
in  either  House. 

4.  Each  House  shall  keep  a  journal  of  its  proceedings,and 
publish  them  immediately  after  its  adjournment.  The  yeas 
and  nays  of  the  members  on  any  question,  shall,  at  the  de- 
sire of  one-fifth  of  the  members  present,  be  entered  on  the 
journals.    The  original  journals  shall  be  preserved  (after 


240 


JOURNAL   OF  THE 


publication)  in  the  office  of  the  Secretary  of  State  ;  but  there 
shall  be  no  other  record  thereof. 

5.  Every  bill,  before  it  shall  pass,  shall  be  read  three  times 
and  on  three  separate  and  distinct  days  in  each  House,  un- 
less in  cases  of  actual  invasion  or  insurrection.  Nor  shall 
any  law  or  ordinance  pass  which  refers  to  more  than  one 
subject  matter,  or  contains  matter  different  from  what  is 
expressed  in  the  title  thereof. 

6.  All  Acts  shall  be  signed  by  the  President  of  the  Senate 
and  the  Speaker  of  the  House  of  Representatives;  and  no 
bill,  ordinance,  or  resolution  intended  to  have  the  effect  of 
law,  which  shall  have  been  rejected  by  either  House,  shall 
be  again  proposed  under  the  same  or  any  other  title,  with- 
out the  consent  of  two-thirds  of  the  House  by  which  the 
same  was  rejected. 

7.  Neither  Hoiise  shall  adjourn  for  more  than  three  days, 
nor  to  any  other  place,  without  the  consent  of  the  other ; 
and  in  case  of  disagreement  between  the  two  Houses,  on  a 
question  of  adjournment,  the  Governor  may  adjourn  them. 

8.  Every  Senator  and  Representative,  before  taking  his 
seat,  shall  take  an  oath  or  affirmation  to  support  the  Consti- 
tution of  the  Confederate  States  and  of  this  State ;  and  also, 
that  he  hath  not  practiced  any  unlawful  means,  either  di- 
rectly or  indirectly,  to  procure  his  election.  And  every  per- 
son convicted  of  having  given  or  offered  a  bribe,  shall  be 
disqualified  from  serving  as  a  member  of  either  House  for 
the  term  for  which  he  was  elected. 

9.  Whenever  this  Constitution  requires  an  Act  to  be  pass- 
ed by  two-thirds  of  both  Houses,  the  yeas  and  nays  on  the 
passage  thereof  shall  be  entered  on  the  journals  of  each. 

Section  5. 

1.  The  General  Assembly  shall  have  power  to  make  all 
laws  and  ordinances,  consistent  with  this  Constitution  and 
not  repugnant  to  the  Constitution  of  the  Confederate  States, 
which  they  shall  deem  neceesary  and  proper  for  the  welfare 
of  the  State. 

2.  They  may  alter  the  boundaries  of  counties,  and  lay  off 
and  establish  new  counties;  but  every  bill  to  establish  a  new 
county  shall  be  passed  by  at  least  two-thirds  of  the  mem- 


GEORGIA  CONVENTION.  2iH 

bers   present,  in    each    branch  of  the   General  Asm 
bly. 

3.  They  shall  provide  for  the  taking  of  a  census  o  v 
meratioD  of  the  people  of  this  State,  at  regular  decades- 
of  years,  commencing  at  such  times  as  they  may  prescribe- 

4.  The  General  Assembly  shall  have  power  to  appro}  •:  ■ 
money  for  the  promotion  of  learning  in  one  or  more  semi- 
naries, and  to  provide  for  the  education  of  the  people. 

•5.  The  General  Assembly  shall  have  power  to  gurat  :-  : 
dons  in  cases  of  conviction  for  treason,  or  murder, 

Section  6. 

ft, 

1.  The  General  Assembly  shall  have  no  power  to  grant 
corporate  powers  and  privileges  to  private  companies,  ex- 
cept to  banking,  insurance,  railroad,  canal,  plank  road,  < 
telegraph  companies;  nor  to  make  or  change  election  pre- 
cincts ;  nor  to  establish  bridges  and  ferries;  nor  to  change 
names,  or  legitimate  children ;  bat  shall  by  law  prescribe 
the  manner  in  which  such  power  shall  be  exercised  by  iEm 
Courts.  But  no  bank  charter  shall  be  granted  or  extended 
and  no  Act  passed  authorizing  the  suspension  of  specie  pay- 
ment by  any  chartered  bank,  except  by  a  vote  of  two-thirds 
of  both  branches  of  the  General  Assembly. 

2.  No  money  shall  be  drawn  from  the  Treasury  of  this  ■ 
State,  except  by  appropriation  made  by  law  ;  and  a  regular 
statement  and  account  of  the  receipt  and  expenditure  <;4  % 
public  money  shall  be  published  from  time  to  time. 

3.  No  vote,  resolution,  law  or  order  shall  pass,  granting- 
a  donation  or  gratuity  in  favor  of  any  person,  excvpt  by  tba. 
concurrence  of  two-thirds  of  the  General  Assembiy;- 

4.  No  law  shall  be  passed  by  which  a  citizen  sh;:I!.  U- 
compelled,  directly  or  indirectly,  to  become  a  stockholder" 
in,  or  contribute  to  a  rail  road  or  other  work  of  iojfeiaal 
improvement,  without  his  consent ;  except  the  inhabitants 
of  a  corporate  town  or  city,  where  the  improvement^  :. 

to  be  made  within  the  corporate  limits,  or  for  corpor;  t  gte  - 
poses.    This  provision  shall  not  be  construed  to  dimy  • 
power  of  taxation  for  the  purpose  of  making  levees  or 
dams  to  prevent  the  overflow  of  rivers. 
ks  The  G-eneral  Assembly  shall  not,  except  by  a  vote  of 
16 


242 


JOURNAL  OF  THE 


two-thirds  of  both  branches,  by  the  loan  of  money,  or  bonds 
or  in  any  other  way,  pledge  the  funds  or  credit  of  the  State 
for  any  purpose  except  the  support  of  Government. 

Section  7. 

1.  The  importation  or  introduction  of  negroes  from  any 
foreign  country,  other  than  the  slave-holding  States  or 
Territories  of  the  United  States  of  America,  is  forever  pro- 
hibited. 

2.  The  General  Assembly  may  prohibit  the  introduc- 
tion of  negroes  from  any  State ;  but  they  shall  have  no 
power  to  prevent  immigrants  from  bringing  their  slaves 
with  them. 

3.  The  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves,  without  the  consent  of 
each  of  their  respective  owners,  previous  to  such  emancipa- 
tion. 

4.  Any  person  who  shall  maliciously  kill  or  maim  a  slave, 
shall  suffer  such  punishment  as  would  be  inflicted  in  case 
the  like  offence  had  been  committed  on  a  free  white  person. 

ARTICLE  III. 
Section  1. 

1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  during  the  term  of  two  years,  and 
until  such  time  as  a  successor  shall  be  chosen  and  qualified. 
He  shall  have  a  competent  salary  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  period  for  which 
he  shall  have  been  elected  ;  neither  shall  he  receive,  within 
that  period,  any  other  emolument  from  the  Confederate 
States,  or  either  of  them,  or  from  any  foreign  power. 

2.  The  Governor  shall  be  elected  by  the  persons  quali- 
fied to  vote  for  members  of  the  General  Assembly,  on  the 
first  Wednesday  in  October,  in  the  year  of  our  Lord  1S61 ; 
and  on  the  first  Wednesday  in  October  in  every  second 
year  thereafter,  until  such  time  be  altered  by  law  ;  which 
election  shall  be  held  at  the  places  of  holding  general 
elections,  in  the  several  counties  of  this  State,  in  the  man- 
ner prescribed  for  the  election  of  members  of  the  General 
Assembly.    The  returns  for  every  election  of  Governor 


GEORGIA  CONVENTION. 


243 


shall  be  sealed  up  by  the  managers,  separately  from  other 
returns,  and  directed  to  the  President  of  the  Senate  and 
Speaker  of  the  House  of  Representatives;  and  transmitted 
to  the  Governor,  or  the  person  exercising  the  duties  of 
Governor  for  the  time  being;  who  shall,  without  opening 
the  said  returns,  cause  the  same  to  be  laid  before  the  Sen- 
ate, on  the  day  after  the  two  houses  shall  have  been  or- 
ganized; and  they  shall  be  transmitted  by  the  Senate  to 
the  House  of  Representatives.     The  members  of  each 
branch  of  the  General  Assembly  shall  convene  in  the  Rep- 
resentative chamber,  and  the  President  of  the  Senate,  and 
the  Speaker  of  the  House  of  Representatives,  shall  open 
and  publish  the  returns  in  presence  of  the  General  Assem- 
bly ;  and  the  person  having  the  majority  of  the  whole 
number  of  votes  given  in,  shall  be  declared  duly  elected 
Governor  of  this  State;  but  if  no  person  have  such  ma- 
jority, then  from  the  two  persons  having  the  highest  num- 
ber of  votes,  who  shall  be  in  life,  and  shall  not  decline  an 
election  at  the  time  appointed  for  the  Legislature  to  elect, 
the  General  Assembly  shall  immediately  elect  a  Governor  by 
Joint  ballot ;  and  in  all  cases  of  election  of  a  Giovernor  by  the 
General  Assembly,  a  majority  of  the  votes  of  the  members 
present  shall  be  necessary  for  a  choice.    Contested  elec- 
tions shall  be  determined  by  both  Houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor 
who  shall  not  have  been  a  citizen  of  the  Confederate  States 
twelve  years,  and  an  inhabitant  of  this  State  six  years,  and 
who  hath  not  attained  the  age  of  thirty  years. 

4.  In  case  of  the  death,  resignation,  or  disability  of  the 
Governor,  the  President  of  the  Senate  shall  exercise  the 
executive  powers  of  the  government  until  such  disability 
be  removed,  or  a  successor  is  elected  and  qualified.  And  in 
-case  of  the  death,  resignation,  or  disability  of  the  Presi- 
dent of  the  Senate,  the  Speaker  of  the  House  of  Repre- 
sentatives shall  exercise  the  executive  power  of  the  gov- 
ernment until  the  removal  of  the  disability  or  the  election 
and  cpialitication  of  a  Governor. 

5.  The  Governor  shall,  before  he  enters  on  the  duties  of 
his  office,  take  the  following  oath  or  affirmation :  "I  do 
solemnly  swear  or  affirm  (as  the  case  may  be,)  that  I  will 


244  JOURNAL  OF  THE 

faithfully  execute  the  office  of  Governor  of  the  State  of 
Georgia;  and  will,  to  the  best  of  my  abilities,  preserve, 
protect  and  defend  the  constitution  thereof." 

Section  2. 

1.  The  Governor  shall  be  Commander-in-Chief  of  the 
army  and  navy  of  this  State,  and  of  the  militia  thereof. 

2.  He  shall  have  power  to  grant  reprieves  for  offences 
against  the  State,  except  in  cases  of  impeachment,  and  to 
grant  pardons,  or  to  remit  any  part  of  a  sentence,  in  all 
cases  after  conviction,  except  for  treason  or  murder,  in 
which  cases  he  may  respite  the  execution,  and  make  report 
thereof  to  the  next  General  Assembly. 

3.  He  shall  issue  writs  of  elections  to  till  vacancies  that 
happen  in  the  Senate  or  House  of  Representatives,  and 
shall  have  power  to  convene  the  General  Assembly  on 
extraordinary  occasions  ;  and  shall  give  them,  from  time  to 
time,  information  of  the  state  of  the  republic,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  deem 
necessary  and  expedient. 

4.  When  any  office  shall  become  vacant  by  death,  resig- 
nation, or  otherwise,  the  Governor  shall  have  power  to  fill 
such  vacancy  ;  and  persons  so  appointed  shall  continue  in  of- 
fice until  a  successor  is  appointed  agreeably  to  the  mode 
pointed  out  by  this  Constitution,  or  by  law  in  pursuance 
thereof. 

5.  A  person  once  rejected  by  the  Senate  shall  not  be  re- 
appointed by  the  Governor  to  the  same  office. 

6.  The  Governor  shall  have  the  revision  of  all  bills  pass- 
ed by  both  Houses,  before  the  same  shall  become  laws,  but; 
two-thirds  of  each  House  may  pass  a  law  notwithstanding 
his  dissent;  and  if  any  bill  should  not  be  returned  by  the 
Governor  within  five  days  (Sundays  excepted)  after  it  has 
been  presented  to  him,  the  same  shall  be  a  law,  unless  the 
General  Assembly,  by  their  adjournment,  shall  prevent  its 
return.  He  may  approve  any  appropriation  and  disapprove 
any  other  appropriation  in  the  same  bill,  and  the  latter 
shall  not  be  effectual  unless  passed  by  two-thirds  of 
both  Houses. 

7.  Every  vote,  resolution,  or  order,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary,  except  on  a  ques- 


GEORGIA  CONVENTION. 


245 


tion  of  adjournment,  shall  be  presented  to  the  Governor  ; 
and  before  it  shall  take  effect,  be  approved  by  him,  or 
being  disapproved,  shall  be  re-passed  by  two-thirds  of 
both  Houses,  according  to  the  rules  and  limitations  pre- 
scribed in  case  of  a  bill. 

S.  There  shall  be  a  Secretary  of  State,  a  Comptroller 
General,  a  Treasurer,  and  Surveyor-General,  elected  by  the 
General  Assembly,  and  they  shall  hold  their  offices  for  the 
like  period  as  the  Governor,  and  shall  have  a  competent 
salary,  which  shall  not  be  increased  or  diminished  during 
the  period  for  which  they  shall  have  bean  elected.  The 
General  Assembly  may  at  any  time  consolidate  any  two  of 
these  offices,  and  require  all  the  duties  to  be  discharged  by 
one  officer. 

9.  The  great  seal  of  the  State  shall  be  deposited  in  the 
office  of  the  Secretary  of  State,  and  shall  not  be  affixed  to 
any  instrument  of  writing,  but  by,  order  of  the  Governor 
or  General  Assembly;  and  the  General  Assembly  shall,  at- 
their  first  session,  alter  the  rising  of  this  convention,  by 
law  cause  the  great  seal  to  be  altered. 

10.  The  Governor  shall  have  power  to  appoint  his  own 
Secretaries,  not  exceeding  two  in  number. 

AETICLE IV. 
Section  1. 

1.  The  Judicial  powers  of  this  State  shall  be  vested  is 
a  Supreme  Court  for  the  correction  of  errors,  a  Superior,  In- 
ferior, and  Justices'  Courts,  and  in  such  other  courts  a% 
the  General  Assembly  shall  from  time  to  time  ordain  and 
establish. 

2.  The  Supreme  Court  shall  consist  of  three  Judges,  who 
shall  be  appointed  by  the  Governor  with  the  advice  and 
consent  of  two-thirds  of  the  Senate,  for  such  term  of  years 
as  shall  be  prescribed  by  law,  and  shall  continue  in  office 
until  their  successors  shall  be  appointed  and  qualified,  remov- 
able by  the  Governor  on  the  address  of  two-thirds  of  each 
branch  of  the  General  Assembly,  or  by  impeachment  and 
conviction  thereon. 

3.  The  said  Court  shall  have  no  original  jurisdiction,  but 
shall  be  a  court  alone  for  the  trial  and  correction  of  errors 


246 


JOURNAL  OF  THE 


in  law  and  equity  from  the  Superior  Courts  of  the  several 
circuits,  and  shall  sit  at  least  once  a  year,  at  a  time  pre- 
scribed  by  law,  in  each  of  one  or  more  judicial  districts, 
designated  by  the  General  Assembly  for  that  purpose,  at 
such  point  in  each  district  as  shall  by  the  General  Assem- 
bly be  ordained,  for  the  trial  and  determination  of  writs  of 
error  from  the  several  Superior  Courts  included  in  such  ju- 
dicial districts. 

4.  The  said  Court  shall  dispose  of  and  finally  determine 
every  case  on  the  docket  of  such  Court  at  the  first  or  second 
term  after  such  writ  of  error  brought ;  and  in  case  the 
plaintiff  in  error  shall  not  be  prepared  at  the  first  term  of 
such  Court  after  error  brought,  to  prosecute  the  cause,  un- 
less precluded  by  some  providential  cause  from  such  prose- 
cution, it  shall  be  stricken  from  the  docket,  and  the  judg- 
ment below  shall  stand  affirmed. 

Section  2. 

1.  The  Judges  of  the  Superior  Courts  shall  be  appointed 
in  the  same  manner  as  Judges  of  the  Supreme  Court  from 
the  circuits  in  which  they  are  to  serve,  for  the  term  of  six 
years,  and  shall  continue  in  office  until  their  successors  shall 
be  appointed  and  qualified,  removable  by  the  Governor  on 
the  address  of  two-thirds  of  each  branch  of  the  General 
Assembly,  or  by  impeachment  and  conviction  thereon. 

2.  The  Superior  Court  shall  have  exclusive  jurisdiction 
in  all  cases  of  divorce,  both  total  and  partial ;  but  no  total 
divorce  shall  be  granted,  except  on  the  concurrent  verdicts 
of  two  special  juries.  In  earn  divorce  case,  the  Court  shall 
regulate  the  rights  and  disabilities  of  the  parties. 

3.  The  Superior  Court  shall  also  have  exclusive  jurisdic- 
tion in  all  criminal  cases,  except  as  relates  to  people  of  col- 
or, fines  for  neglect  of  duty,  and  for  contempt  of  Court  ;  for 
violations  against  road  laws,  and  for  obstructing  water 
courses,  which  shall  be  vested  in  such  judicature  or  tribunal 
as  shall  be  or  may  have  been  pointed  out  by  law  ;  and  ex- 
cept in  all  other  minor  offences  committed  by  free  white 
persons,  and  which  do  not  subject  the  offender  or  offenders 
to  loss  of  life,  limb  or  member,  or  to  confinement  in  the 
penitentiary  ;  in  all  such  cases,  Corporation  Courts,  such  as 
now  exist,  or  may  hereafter  be  constituted,  in  any  incorpo- 


GEORGIA   CONVENTION . 


24? 


rated  city,  or  town,  may  be  vested  with  jurisdiction,  under 
such  rules  and  regulations  as  the  Legislature  may  hereafter 
by  law  direct. 

4.  All  criminal  cases  shall  be  tried  in  the  county  where 
the  crime  was  committed,  except  in  cases  where  a  jury  can- 
not be  obtained. 

5.  The  Superior  Court  shall  have  exclusive  jurisdiction 
in  all  cases  respecting  titles  to  land,  which  shall  be  tried  in 
the  county  where  the  land  lies. 

6.  It  shall  have  appellate  jurisdiction  in  all  such  cases  as 
may  be  provided  by  law. 

7.  It  shall  have  power  to  correct  errors  in  inferior  judi- 
catories by  writ  of  certiorari,  and  to  grant  new  trials  in  the 
Superior  Court  on  proper  and  legal  grounds. 

S.  It  shall  have  power  to  issue  writs  of  mandamus,  pro- 
hibition, scire  facias,  and  all  other  writs  which  may  be  ne- 
cessary for  carrying  its  powers  fully  into  effect. 

9.  The  Superior  and  Inferior  Courts  shall  have  concur- 
rent jurisdiction  in  all  other  civil  causes;  which  shall  be 
tried  in  the  county  where  the  defendant  resides. 

10.  In  cases  of  joint  obligors,  or  joint  promissors  or  co- 
partners, or  joint  trespassers  residing  in  different  counties, 
the  suit  may  be  brought  in  either  county. 

11.  Incase  of  a  maker  and  indorser  or  indorsers  of  pro- 
missory notes  residing  in  different  counties  in  this  State, 
the  same  may  be  sued  in  the  county  where  the  maker  re- 
sides. 

12.  The  Superior  and  Inferior  Courts  shall  sit  in  each 
county  twice  in  every  year,  at  such  stated  times  as  have 
been  or  may  be  appointed  by  the  Legislature. 

Section  3. 

1.  The  judges  shall  have  salaries  adequate  to  their  servi- 
ces fixed  by  law,  which  shall  not  be  diminished  during  their 
continuance  in  office  ;  but  shall  not  receive  anv  other  per- 
quisites or  emoluments  whatever,  from  parties  or  others,  on 
account  of  any  duty  required  of  them. 

2.  There  shall  be  a  State's  Attorney  and  Solicitors  elect- 
ed by  the  persons  entitled  to  vote  for  members  of  the  Gene- 
ral Assembly, and  commissioned  by  the  Governor:  who  shall 


JOURNAL  OF  THE 


IkfM  their  offices  for  the  term  of  four  years,  or  until  their  sue- 
lessors  shall  be  elected  and  qualified,  unless  removed  by 
sentence  on  impeachment,  or  by  the  Governor,  on  the  ad- 
dress of  two-thirds  of  each  branch  of  the  General  Assembly. 
Tiiey  shall  have  salaries  adequate  to  their  services  fixed  by 
.law,  which  shall  not  be  diminished  during  their  continuance 
iaa  office. 

The  Justices  of  the  Inferior  Courts  shall  be  elected  in 
'■am&h.  county  by  the  persons  entitled  to  vote  for  members  of 
the-  General  Assembty. 

4.  The  Justices  of  the  Peace  shall  be  elected  in  each  dis- 
trict by  the  persons  entitled  to  vote  for  members  of  the  Gen- 
t'.nd  Assembly. 

0.  The  powers  of  a  Court  of  Ordinary  and  of  Probate, 
Asll  be  vested  in  an  Ordinary  for  each  county,  from  whose 

Visions  there  may  be  an  appeal  to  the  Superior  Court, 
■unifier  regulations  prescribed  by  law.  The  ordinary  shall  be 
;.Yr7,<;  clerk  of  said  Court,  and  may  appoint  a  deputy-clerk. 
Th^  ordinary,  as  clerk,  or  his  deputy,  may  issue  citations 
nd  grant  temporary  letters  of  administration,  to  hold  until 

•eroi^ient  letters  are  granted  ;  and  said  ordinary,  as  clerk, 
m  kis  deputy,  may  grant  marriage  licenses.  The  ordinaries 
In  sad  for  the  respective  counties  shall  be  elected,  as  other 
^iOEiiity  officers  are,  on  the  first  Wednesday  in  January,  1864, 
amd  every  fourth  year  thereafter,  and  shall  be  commissioned 
%>w  the  Governor  for  the  term  of  four  years.  In  case  of  any 
testacy  of  said  office  of  ordinary,  from  any  cause,  the  same 
$&&M  be  filled  by  election,  as  is  provided  in  relation  to  other 
«KH£aty  officers,  and  until  the  same  is  filled,  the  clerk  of  the 
Superior  Court  for  the  time  being  shall  act  as  clerk  of  said 
d&urt  of  Ordinary. 

ARTICLE  V. 

1.  The  electors  of  Members  of  the  General  Assembly  shall 
lie  free  white  male  citizens  of  this  State  ;  and  shall  have  at- 
tkioed  the  age  of  twenty-one  years  ;  and  have  paid  all  taxes 
which  may  have  been  required  of  them,  and  which  they  have 
hs>i  an  opportunity  of  paying,  agreeably  to  law,  for  the  year 
ftreeeding  the  election;  and  shall  have  resided  six  months 
mith in  the  district  or  county. 


GEORGIA  convention. 


249 


2.  All  elections, by  the  General  Assembly,  shall  be  by  joint 
ballot  of  both  branches;  and  when  the  Senate  and  House 
of  Representatives  unite  for  the  purpose  of  electing,  they 
shall  meet  in  the  Representative  chamber,  and  the  President 
of  the  Senate  shall  in  such  cases  preside,  receive  the  ballots 
and  declare  the  person  or  persons  elected. 

3.  In  all  elections  by  the  people,  the  electors  shall  vot-e 
by  ballot,  until  the  General  Assembly  shall  otherwise 
direct. 

4.  All  civil  officers  shall  continue  in  the  exercise  of  the 
duties  of  their  several  offices,  during  the  periods  for  which 
thev  were  appointed,  or  until  they  shall  be  superseded  by 
appointments  made  in  conformity  with  this  Constitution; 
and  all  laws  now  in  force  shall  continue  to  operate,  so  far 
as  they  are  compatible  with  this  Constitution,  until  they 
shall  expire,  be  altered  or  repealed  ;  and  it  shall  be  the  duty 
of  the  General  Assembly  to  pass  all  necessary  laws  and  reg- 
ulations for  carrying  this  Constitution  into  full  effect. 

5.  All  militia  and  county  officers  shall  be  elected  by  the 
people  in  such  manner  as  the  General  Assembly  may  by  law 
direct. 

6.  This  Constitution  shall  be  amended  only  by  a  Conven- 
tion of  i he  people  cal led  for  that  purpose.  Such  Conven- 
tion shall  consist  of  not  more  than  one  hundred  and  fifty 
delegates,  and  an  equal  number  of  delegates  shall  be  chosen 
from  and  by  each  Congressional  District  as  the  same  may 
exist  at  the  time. 

Which  having  been  made  the  special  order  of  the  day 
for  ten  o'clock  this  morning,  was  read. 

Mr.  Garvin  offered  the  following  resolution,  which  was 
taken  up,  read,  and  adopted: 

Rftnlved,  That  no  delegate  shall  be  allowed  to  speak 
longer  than  ten  minutes  on  any  question  pending  before 
the  Convention — this  rule  to  continue  in  force  until  the 
adjournment  of  this  Convention. 

On  motion  of  Mr.  Cobb,  the  first  Article  of  the  Consti- 
tution was  taken  up  and  read. 

Mr.  Bartow  moved  to  strike  out  the  word  " govtrned"  in 
the  second  section,  and  insert  "jtdtykS 


250 


JOURNAL  OF  THE 


Mr.  Fouche  moved  to  insert  the  word  "citizen"  instead 
of  "people" 

The  motion  to  strike  out  did  not  prevail. 

Mr.  Benning  moved  to  strike  out  of  the  18th  section  the 
words  "and  retroactive  legislation  iiyiiriQusly  affecting  the 
right  of  the  citizen" 

The  motion  was  lost. 

On  motion  of  Mr.  Martin,  the  21st  section  was  re-com- 
mitted to  the  reporting  Committee,  for  the  purpose  of  con- 
sidering the  following  proposed  amendment:  "  and  carry' 
ing  water  for  the  purpose  of  irrigation  and  drainage,  working 
mines  and  machinery,  shall  be  placed  on  the  footing  of  private 
ways." 

Mr.  Benning  moved  to  re-commit  the  sixth  section  to 
the  reporting  Committee. 

The  motion  was  lost. 

He  also  moved  to  strike  out  of  the  eighth  section  the 
words.  "  he  shall  he  responsible  for  the  abuse  of  the  liberty  " 
and  insert  the  "  the  Legislature  shall  have  power  to  declare 
what  shall  be  an  abuse  of  the  privilege." 

The  motion  was  lost. 

Mr.  Mabrv,  of  Heard,  moved  to  amend  the  26th  section 
by  adding  after  the  word  "  estate,"  the  words  "  according 
Lo  law" 

The  motion  was  lost. 

Mr.  Benning  moved  to  re-commit  the  second  clause  of 
the  eleventh  section  to  the  reporting  Committee,  which 
was  lost. 

He  also  moved  to  re-commit  the  17th  section  to  the  re- 
porting Committee,  which  was  lost. 

Mr.  Johnson  moved  to  strike  out  the  27th  section,  which 
was  lost. 

The  first  Article  of  the  Constitution,  as  amended,  and 
excepting  the  references  to  the  Committee,  was  then 
adopted. 

On  motion  of  Mr.  Cobb,  the  second  Article  of  the  Con- 
stitution was  taken  up  by  sections. 

The  first  section  having  been  read,  Mr.  Kimsey  moved  to 


GEORGIA  CONVENTION. 


amend  the  same  by  striking  out  the  word  "  annual"  in  the 
third  clause  of  said  section,  and  inserting  the  word  "  him- 
nial" 

The  motion  was  lost. 

On  motion  of  Mr.  Tidwell,  the  sixth  clause  of  said  sec- 
tion was  re-committed  to  the  reporting  Committee. 

The  second  section  having  been  read,  Mr.  Reynolds 
moved  to  amend  the  same  by  adding  "  and  for  one  year  a 
resident  of  the  District  from  which  he  is  chosen." 

Upon  which  motion  Mr.  Arnold  demanded  that  the  yeas 
and  nays  be  recorded.  There  are  yeas  116  ;  nays  112,  to- 
wit  : 

Those  who  voted  in  the  affirmative  are  Messrs.  . 


Adams  of  Camden, 

Algood, 

Arnold, 

Bell  of  Forsyth, 
Bowen, 
Brewton, 
Briscoe, 

Brown  of  Houston, 

Brown  of  Marion, 

Burnett, 

Byrd, 

Calhoun, 

Cannon  of  Rabun, 
Cannon  of  Wayne, 
Cars  well, 
Chastain, 
Corn, 

Davenport  of  Sumter, 

Day, 

Fain, 

Fleming, 

Ford, 

Freeman, 

Frier, 

French, 

Gray, 

Hale, 

Hall, 

Harville, 

Harris  of  Glynn, 


Hendry, 

Hendricks, 

Herrington, 

Hines, 

Hood, 

Howell, 

Hudson  of  Gwinnett, 

Huggins, 

Hull, 

Humphries, 
Jackson. 

Johnson  of  Clayton, 

Johnson  of  Jefferson, 

Jones  of  Burke, 

Killgore, 

Kimsey, 

Kirkland, 

Knox, 

Lattimer  of  Appling, 

Lester, 

Lindley, 

Long, 

Lyle, 

Mabry  of  Berrien, 
Mabry  of  Heard, 
Martin  of  Elbert, 
Martin  of  Lumpkin, 
McDaniel, 
McDonald, 
McLain, 


252  JOURNAL  OF  THE 


Means, 

Mershon, 

Milton, 

Moore  of  Bulloch, 

Montgomery, 

Morrow, 

Mo  linger, 

Neal  of  Talbot, 

Newton, 

Overstreet, 

Patrick, 

Phinizy  of  Richmond, 

Pickett, 

Pierce, 

Pittman, 

Pofford, 

Ponder, 

Porter, 

Poullain, 

Prescott, 

Price, 

Ramsey  of  Clinch, 

Reynolds, 

Rice, 

Robinson, 

Sharman, 

Sharpe, 

Shell, 

• 

Those  who  voted  in  the  ne 

Adams  of  Putnam, 

Alexander  of  Fulton, 

Alexander  of  Upson, 

Allen, 

Bailey, 

Beasley, 

Beall  of  Troup, 

Benning, 

Black, 

Blalock, 

Briggs, 

Brown  of  Webster, 

Bryan, 

Bullard, 

Bush, 

Butts. 

Cantrell, 


Shropshire  of  Floyd, 

Simmons  of  Pickens, 

Simms, 

Singleton, 

Sirmons, 

Sisk, 

Spence,  '  • 

Spencer, 

Starr, 

Stephens  of  Pierce, 
Street, 

Strickland  of  Tatnall, 

Styles, 

Taliaferro, 

Thomas  of  Whitfield, 

Tillman, 

Tomlinson, 

Tucker  of  Colquitt, 

Turner  of  Wilcox? 

Webb, 

Wellborn, 

West, 

Williams  of  Harris, 
Williams  of  Mcintosh, 
Winn  of  Cobb, 
Wood, 
Wright, 

Young,  of  Irwin, 

live  are  Messrs. 

Carson, 
Casey, 

Cheshier,     }  - 

Cochran  of  Terrell, 

Cobb, 

Cody, 

Coleman, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Daniel, 

Davis  of  Chattahoochee, 

Davenport  of  Clay, 

Dewberry, 

Dickerson, 

Farns  worth, 

Fields, 

Fouche, 


GEORGIA  CONVENTION.  253 


Gaulden, 
Gardner, 
Garvin, 

Glenn  of  Fulton, 
Glenn  of  Oglethorpe, 
Glover, 
Giles, 
Gordon, 
Gresham, 
Gunn, 
Haines, 
Hansel  I, 

Harris  of  Hancock, 
H  arvey, 
Hawkins, 
Head, 
Henderson, 
Hill  of  Troup. 
Hilliard. 
Hoyah 

Hudson  of  Harris, 
Hust, 

Johnson  of  Hall, 

Johnson  of  Oglethorpe, 

Jones  of  Chatham, 

Jordan, 

Kenan, 

Ketehum, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Lamb, 

Low, 

Logan, 

Logue, 

Man  ,on. 

Marshall. 

McConnell  of  Catoosa, 
McConnell  of  Cherokee, 
McCulloch, 


McRae, 

Moor  of  Spalding, 
Neal  of  Columbia, 
Padget, 
Paris, 

Phinizv  of  Monroe, 
Pitts,  " 

Ramsey  of  Muscogee, 

Reed, 

Keese, 

Richardson  of  Lee, 
Roddey, 
Rutherford, 
Saftbld, 

Shropshire  of  Chattooga, 
Skelton, 

Smith  of  Johnson, 

Solomons, 

Stapleton, 

Stephens  of  Hancock, 
Stephens  of  Monroe, 
S  t ep  h  e n  s  of  T  a  1  i  a  f  e  r  r o , 
Strickland  of  Forsyth, 
Thomas  of  l)oolv, 
Tidwell, 
Trippe, 
Troup. 

Tucker  of  Laurens, 

Usry, 

Walton. 

Whelchel, 

Whitehead, 

- 

Williimham, 

Williams  of  Chattooga, 

Williamson, 

Willis, 

Word, 

Young  of  Gordon, 


So  the  amendment  was  received. 


On  motion  of  Mr.  Cobb,  the  Convention  then  adjourned 


till  9  o'clock. 


to-morrow  mormns:. 


254  JOURNAL  OF  THE 

FRIDAY,  MARCH  22,  1861.  ' 
The  Convention  met  in  secret  session. 

The  journal  in  secret  session  of  yesterday,  was  read, 
wThen  Mr.  Johnson  of  Jefferson  moved  to  reconsider  so 
much  of  it,  as  relates  to  his  motion  to  strike  out  the  27th 
Section  of  the  1st  Article  of  the  Constitution  of  the  State 
of  Georgia,  as  reported  by  the  reporting  committee,  and 
adopted  on  yesterday. 

The  motion  prevailed. 

Mr.  Low  moved  to  reconsider  so  much  of  the  journal  of 
of  yesterday,  as  relates  to  the  incorporation  of  the  first 
clause  of  the  second  section  of  the  second  article  of 
the  Constitution  therein,  which  was  offered  as  an  amend- 
ment to  the  report  of  the  committee,  by  Mr.  Cobb. 

The  motion  wTas  lost. 

Mr.  Johnson  of  Jefferson  then  moved  to  strike  out  the 
27th  section  of  the  first  article  of  the  Constitution,  as  re- 
ported by  the  committee,  and  adopted  on  yesterday. 

The  motion  prevailed,  and  the  section  was  stricken  out. 

Upon  the  reading  of  the  3rd  clause  of  the  2nd  section 
of  the  2nd  Article  of  the  Constitution,  Mr.  Hood  moved  to 
strike  out  the  words,  "by  ballot,"  and  insert  "viva  voce" 

The  motion  prevailed. 

Mr.  Hood  moved  to  strike  out  the  words  "by  ballot"  in 
the  third  clause  of  the  second  section  of  the  Constitution, 
and  insert  "viva  voce" 

The  motion  prevailed. 

The  third  section  of  the  second  article  of  the  ■ Constitu- 
tion was  taken  up,  when  Mr.  Cobb  moved  to  fill  the  blank 
with  the  following  as  the  first  section  thereof. 

The  House  of  Representatives  shall  be  composed  as  fol- 
lows: 

The  thirty-seven  counties  having  the  largest  representa- 
tive population  shall  have  two  representatives  each. 
Every  other  county  shall  have  one  representative.  The 
designation  of  the  counties  entitled  to  two  representatives 
shall  be  made  by  the  General  Asiembly  immediately  after 
the  taking  of  each  census. 

The  motion  was  adopted. 


GEORGIA  CONVENTION. 


255 


On  motion  uf  Mr.  Keynolds,  the  second  clause  of  the 
third  section  of  the  second  article,  was  amended  by  adding 
the  words,  "and  for  one  year  a  resident  of  the  county 
which  he  represents." 

On  motion  of  Mr.  Cobb,  the  words  "by  ballot"  was 
stricken  out,  and  llvica  voce,''  inserted  in  lieu  thereof,  in  the 
third  clause  of  the  same  section  and  article. 

The  fourth  section  uf  the  second  article  was  taken  up. 

On  motion  of  Mr.  Cobb,  the  third  clause  of  the  same 
was  amended  so  as  to  strike  out  after  the  word  "arrest," 
the  words  "except  for  treason,  felony,  or  breach  of  the 
peace,"  and  insert  "therefrom." 

The  fifth  section  being  under  consideration,  Mr.  John- 
son of  Jefferson  moved  to  strike  out  "at  least  two-thirds," 
where  these  words  occur  in  the  second  clause,  and  insert 
"a  majority,"  in  lieu  thereof. 

The  motion  ro  strike  out  was  lost. 

On  motion  of  Mr.  Cobb,  the  words  "both  branches" 
where  they  occur  in  the  said  clause,  was  stricken  out,  and 
"each  branch,"  inserted  in  lieu  thereof. 

Mr.  Fouche  moved  to  strike  out,  in  the  fourth  clause  of 
the  said  section,  after  the  word  "learning,  and  to  provide 
for  the  education  of  the  people,"  the  words  "in  one  or 
more  seminares,"  and  insert  the  words  "and  science,"  in 
lieu  thereof. 

The  motion  prevailed. 

Mr.  Hawkins  moved  further  to  amend  the  same  by 
adding  after  the  word  "people,"  the  wrords  "by  a  vote  of 
two-thirds  of  both  branches  thereof." 

Whereupon  Mr.  Cobb  called  for  the  previous  question, 
which  being  seconded  and  sustained,  the  main  question,  16- 
wit:  the  adoption  of  the  said  clause  as  amended — was  put, 
and  carried. 

So  the  fourth  clause  as  amended  was  adopted. 

The  fifth  clause  of  the  same  section  was  read,  when  Mr. 
Fleming  moved,  after  the  word  "treason,"  to  insert  "and  to 
pardon  or  commute  in  cases  of  final  conviction  for  mur- 
der," and  to  strikeout  the  words  "or  murder,"  at  the  end 
of  the  clause. 

The  motion  prevailed. 

On  motion  the  fifth  clause  was  further  amended  by  in- 


256 


JOURNAL  OF  THE 


serting  after  the  word  "power,"  the  following  words:  "by 
a  vote  of  two-thirds  of  each  branch." 

Mr.  Thomas  offered  the  following  as  a  substitute  for  the 
original  clause  as  amended: 

The  Senate  alone  by  a  vote  of  two-thirds  thereof,  shall 
have  power  to  grant  pardons  in  cases  of  convictions  for 
treason  or  murder. 

The  substitute  was  lost,  and  the  said  fifth  clause,  as 
amended,  was  adopted. 

The  sixth  section  of  the  second  article,  was  taken  up. 

The  first  clause  of  said  section  being  under  consideration, 
Mr.  Fouche  offered  the  following  as  a  substitute  therefor: 

The  General  Assembly  shall  have  no  power  to  pass  any 
Act  authorizing  a  suspension  of  specie  payment,  or  to 
legalize  any  such  suspension  by  any  chartered  bank.  No 
bank  charter  shall  be  granted,  or  extended,  except  by  a 
vote  of  two-thirds  of  each  branch  of  the  General  Assem- 
bly. They  shall  have  no  power  to  grant  corporate  powers 
and  privileges  to  private  companies,  except  to  banking, 
insurance,  rail  road,  canal,  plank  road,  and  telegraph  com- 
panies, nor  to  make  or  change  names,  or  to  legitimate 
children,  but  shall  by  law  prescribe  the  manner  in  which 
such  power  shall  be  exercised  by  the  Courts. 

Mr.  Jackson  called  for  the  previous  question,  which 
being  seconded  and  sustained,  the  main  question,  to-wit: 
the  passage  of  the  original  clause,  was  put  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Cobb,  the  clause  was  amended  by 
striking  out  the  words  "both  branches"  where  they  occur 
in  said  clause,  and  by  inserting  the  words  "each  branch"  in 
lieu  thereof,and  by  inserting  after  the  words  "plank  roads," 
the  following  words:  "navigation,  mining,  express,  lum- 
ber" 

Mr.  Cobb  also  moved  to  amend  the  third  clause  in  a 
similar  manner  as  to  the  words  "both  branches." 
The  motion  prevailed. 

The  fourth  clause  being  under  consideration,  Mr.  John- 
son, of  Hall,  moved  to  strike  it  out. 

Mr.  iNisbet  moved  to  strike  out  the  words  "where  the 


GEORGIA  CONTENT! OX. 


257 


improvements  are  to  be  made  within  the  corporate  limits, 
or  for  corporate  purposes." 

The  motion  to  strike  out  prevailed,  and  the  clause  as 
amended,  was  adopted. 

The  fifth  clause  being  under  consideration,  Mr.  Chastain 
moved  to  strike  out  the  same. 

Upon  which  motion  the  yeas  and  nays  were  demanded 
to  be  recorded. 

There  are  yeas  125,  nays  102,  to-wit: 

Those  who  voted  in  the  affirmative  are  Messrs. 


Adams  of  Camden, 

Adams  of  Putnam, 

Algood, 

Bailey, 

Bo  wen, 

Bozeman, 

Brewton, 

Brings, 

Brown  of  Houston. 

Brown  of  -Marion, 

Bryan, 

Bush, 

Butts, 

Byrd, 

Cannon  of  Rabun, 

Cannon  of  Wayne, 

Carswell, 

Chastain, 

Cheshier, 

Clarke, 

Cleveland, 

Cochran  of  Terrell, 

Coleman, 

Corn, 

Daniel, 

Davis  of  Putnam, 
Day, 

Dewberry, 
Fain, 

Farnsworth, 
Fleming, 
Fields, 
Ford, 

Fort  of  Wayne, 

Freeman, 

17 


Frier, 
QauMen, 
Glenn  of  Fulton, 
Giles, 
Gordon, 
Hale, 
Hall, 

Hammond, 
Hansell, 
Harvill, 

Harris  of  Glynn, 
Harris  of  Mcintosh, 
Hawkins, 
Henderson, 
Hendry, 
Hendricks, 
Herri  nffton. 
Hill  of  Troup, 
Howell, 

Hudson  of  Gwinnett, 
Huggins, 
Jackson, 

Johnson  of  Clayton. 
Johnson  of  Hall, 
Johnson  of  Jefferson, 
Jones  of  Chatham, 
Ketchum, 
Kimsey, 
Knox, 
Lamb, 
Lattimer  of  Appling, 
Lattimer  of  Montgomery, 
Mabry  of  Berrien, 
Mabry  of  Heard, 
Martin  of  Lumpkin, 


258  JOURNAL  OF  THE 

* 

McConnell'  of  Cherokee,  Simms, 

McDonald,  ,  Sirmons, 

McLain,  Sisk, 

McLeod,  Spencer, 

McRae,  Stapleton, 

Mershon,  Starr, 

Milton,  Stephens  of  Hancock, 

Mounger,  Stephens  of  Pierce, 

Nisbet,  Strickland  of  Forsyth, 

Overstreet,  Strickland  of  Tatnall, 

Padget,  Styles, 

Paris,  Thomas  of  Whitfield, 

Patrick,  Tillman, 

Pickett,  Tomlinson, 

Pierce,  Trippe, 

Pitts,  Troup, 

PofFord,  Tucker  of  Colquitt, 

Ponder,  Turner  of  Wilcox, 

Prescott,  Walton, 

Price,  Waterhouse, 

Kamsey  of  Clinch,  Webb, 

Keed,  Wellborn, 

Kice,  Whelchel, 

Richardson  of  Lee,              Williams  of  Mcintosh, 

Sharpe.  Williamson, 
Shropshire  of  Chattooga,  Yates, 

Skelton,  Young  of  Irwin. 


Simmons  of  Pickens, 
Those  who  voted  in  the  negative  are  Messrs. 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Davis  of  Chattahoochee, 
Davenport  of  Clay, 
Dickerson, 
Fort  of  Stewart, 
Fouche, 
French, 
Furlow, 
Garvin, 
Gholston, 

Glenn  of  Oglethorpe, 
Glover, 
Gray, 
Gresham, 
Gunn, 
Haines, 

Harris  of  Hancock, 


Alexander  of  Fulton, 
Alexander  of  Upson, 
Allen, 
Anderson, 
Arnold, 
Beasley, 

Bell  of  Forsyth, 
Beall  of  Troup, 
Benning, 
Black, 
Blalock, 
Briscoe, 
Bullard, 
Cantrell, 
Carson, 
Casey, 
Cobb, 
'  Cody, 


GEORGIA  CONVENTION. 


259 


Harvey, 

Morrow, 

Hilliard, 

Xeal  of  Columbia, 

Hines, 

Neal  of  Talbot, 

Hoval, 

Phinizy  of  Monroe, 

Hood. 

Phinizy  of  Richmond, 

Hudson  of  Harris. 

Pittman, 

Hull. 

Porter, 

Humphries, 

Poullain, 

Hust, 

Reese, 

Jennings, 

Peynolds, 

Johnson  of  Oglethorpe. 

Robinson, 

Jones  of  Burke, 

Roddey, 

Jordan, 

Rutherford, 

Kenan. 

Saifold, 

Killffore. 

S  harm  an, 

Lamar  of  Lincoln. 

Singleton, 

Lamar  of  Bibb, 

Smith  of  Johnson, 

Low, 

Solomons, 

Lester, 

Spence, 

Lindlev, 

Street, 

Logan, 

Taliaferro, 

Logue, 

Tidwell, 

Lon°\ 

Toombs, 

Lvle, 

Tucker  of  Laurens, 

Manson, 

Varnadoe, 

Marshall, 

Willi  ogham. 

McConnell  of  Catoosa, 

Williams  of  Harris, 

McCulloch, 

Willis, 

McDaniel, 

Winn  of  Cobb, 

Means, 

Word, 

Moore  of  Bulloch, 

Wright. 

Moor  of  Spalding, 

Yopp, 

Montgomery, 

Young  of  Cordon. 

So  the  motion  to  strike  out  prevailed. 


The  seventh  section  of  the  second  article  of  the  Con- 
stitution was  then  taken  up. 

The  third  clause  of  the  same  being  up  for  consideration, 
Mr.  Styles  moved  to  strike  out  all  after  the  word  '-'slaves'' 
where  it  occurs  therein. 

The  motion  prevailed. 

Mr.  Thomas  moved  to  add  the  words  "except  by  a 
unanimous  consent  of  the  General  Assembly." 

The  motion  was  lost  and  the  clause  as  amended  was 
adopted. 


260  JOURNAL  OF  THE 

On  motion  of  Mr.  Cobb,  the  second  article  of  the  Con- 
stitution as  amended,  was  adopted. 

The  third  article  was  then  taken  up. 

The  first  section  having  been  read,  Mr.  Patrick  moved 
the  following  amendment  to  the  first  clause  thereof : 

"The  Governor  shall  receive  a  salary  of  three  thousand 
dollars,  which  shall  not  be  increased  or  diminished  during 
the  period  for  which  he  shall  have  been  elected." 

The  amendment  was  lost. 

On  motion  of  Mr.  Cobb,  the  words  ''-viva  voce"  was  in- 
serted in  the  second  clause,  in  lieu  of  the  words  "joint 
ballot." 

The  second  section  being  up  for  consideration,  Mr.  Cobb 
moved  after  the  word  "vacancy,"  in  the  fourth  clause,  to 
insert  the  words  "unless  otherwise  provided  by  law." 
The  motion  prevailed. 

Mr.  Clarke  moved  to  insert  "elections,"  before  the  word 
adjournment,"  in  the  seventh  clause,  which  motion  pre- 
vailed. 

On  motion  of  Mr.  Cobb,  the  third  article  of  the  Consti- 
tution, as  amended,  was  adopted. 
The  fourth  article  was  taken  up. 

On  motion  of  Mr.  Cobb,  the  word  "Ordinary,"  was  in- 
serted, after  the  word  "Inferior"  in  the  first  clause,  of  the 
first  section,  of  said  article;  and  after  the  word  "Courts," 
the  words  composing  the  remainder  of  the  original  clause 
to  be  stricken  out,  and  the  following  to  be  inserted:  "as 
have  been  or  may  be  established  by  law." 

Mr.  Carswell  moved  to  amend  the  second  clause  of  the 
first  section  of  said  article  as  follows: 

To  strike  out  the  words  "appointed  by  the  Governor, 
with  the  advice  and  consent  of  two-thirds  of,"  and  insert 
the  words,  "elected  by." 

Mr.  Patrick  offered  the  following  amendment  to  said 
clause : 

The  Supreme  Court  shall  consist  of  three,  who  shall  be 
elected  by  the  persons  qualified  to  vote  for  members  of 
the  General  Assembly,  on  the  first  Wednesday  in  October, 
in  the  year  of  our  Lord  1S61,  and  on  the  first  Wednesday 


GEORGIA  CONVENTION. 


261 


in  October,  every  fourth  year  thereafter — which  election 
shall  be  conducted  at  the  time  and  places,  and  in  the  same 
manner,  as  for  Governor,  and  shall  receive  a  salary  of 
S3, 000,  annually,  for  their  services. 

Mr.  Singleton  called  for  the  previous  question. 
The  call  was  not  sustained. 

The  Convention  then  adjourned  till  4  o'clock,  P.  M. 


4  O'CLOCK,  P.  M. 

The  Convention  met  pursuant  to  adjournment,  and  re- 
sumed the  consideration  of  the  unfinished  business  of  the 
morning. 

Mr.  Hawkins  offered  the  following  as  a  substitute  for  the 
amendments  offered  to  the  second  clause  of  the  first  sec- 
tion, of  the  fourth  article  of  the  Constitution,  and  the 
original  clause,  to-wit: 

The  Supreme  Court  shall  consist  of  three  Judges,  who 
shall  be  elected  by  the  Legislature,  for  the  term  of  six 
years,  and  shall  continue  in  office  until  their  successors  are 
elected  and  qualified,  removable  by  impeachment  and  con- 
viction thereon. 

The  amendment  offered  by  Mr.  Carswell  was  taken  up. 

Mr.  Johnson,  of  Jefferson,  moved  to  adopt  as  a  substi- 
tute for  all,  the  following  : 

"The  Supreme  Court  shall  consist  of  three  Judges,  who 
shall  be  elected  by  the  Legislature  for  such  term  of  vears 
as  shall  be  prescribed  by  law.  and  shall  continue  in  office 
until  their  successors  shall  be  elected  and  qualified,  remov- 
able by  the  Governor  on  the  address  of  two-thirds  of  both 
branches  of  the  General  Assembly  for  that  purpose,  or  by 
impeachment  and  conviction  thereon." 

Upon  which  motion,  Mr.  Hood  demanded  that  the  yeas 
and  nays  be  recorded. 

There  are  yeas  63:  nays  1-51,  to-wit  : 


■ 


262 


JOUENAL   OF  THE 


Those  who  voted  in  the  affirmative  are  Messrs. 


Bailey, 
Beasley, 
Brewton, 
Briscoe, 

Brown  of  Marion, 

Butts, 

Cars  well, 

Chastain, 

Cheshier, 

Cleveland, 

Cochran  of  Terrell, 

Corn, 

Day, 

Giles, 

Cordon, 

Hale, 

Hammond, 

Harris  of  Glynn, 

Harris  of  Mcintosh, 

Hawkins, 

Hendry, 

Hendricks, 

Herrington, 

Hood, 

Huggins, 

Johnson  of  Clayton, 
Johnson  of  Hall, 
Johnson  of  Jefferson, 
Killgore, 
Kimsey, 


Knox, 
Lamb, 


Lattimer  of  Appling^ 

McDonald, 

Mershon, 

Milton, 

Moore  of  Bulloch, 

Montgomery, 

Patrick, 

Pickett, 

Price, 

.Ramsey  of  Clinch, 

Reynolds, 

Rice, 

S harm  an, 

Simmons  of  Pickens7 

Simms, 

Sirmons, 

Sisk, 

Spence, 

Stapleton, 

Strickland  of  Forsyth, 

Strickland  of  Tatnall„ 

Styles, 

Taliaferro, 

Tidwell, 

Tomlinson, 

Tucker  of  Colquitt, 

Turner  of  Wilcox, 

Wellborn, 

Williams  of  Mcintosh, 
Wright, 
Yates, 


Those  who  voted  in  the  negative  are  Messrs.  : 


Adams  of  Camden, 

Adams  of  Putnam, 

Alexander  of  Fulton, 

Alexander  of  Upson, 

Algood, 

Allen, 

Anderson, 

Arnold, 

Bartow, 

Bell  of  Banks, 

Benning, 


Black, 
Blalock, 
Bo  wen, 
Briggs, 

Brown  of  Houston, 

Bryan, 

Bullard, 

Bush, 

Byrd, 

Cannon  of  Rabun, 
Cantrell, 


GEORGIA  CONVENTION. 


203 


Carson, 
Coleman, 

Crawford  of  Greene, 
Crawford  of  Richmond, 
Daniel, 

Davis  of  Chattahoochee. 

Davenport  of  Clay, 

Davenport  of  Sumter, 

Dewberry, 

Dickerson, 

Fain, 

Farnsworth, 
Fleming, 
Fields, 
Ford, 

Fort  of  Stewart, 
Fort  of  Wayne, 
Fouche, 
Freeman, 
French, 
Furlow, 
Gaulden, 
Garvin, 
Gholston, 
Glenn  of  Fulton, 
Glenn  of  Oglethorpe, 
Glover, 
Gray, 
Gresham, 
Gunn, 


Haines, 
Hansell, 

Harris  of  Hancock, 

Henderson, 

Hill  of  Troup, 

Hilliard, 

Hines, 

Howell, 

Hudson  of  Gwinnett, 
Hudson  of  Harris, 
Hull, 

Humphries, 
Hust, 
Jackson, 
Jennings, 

Johnson  of  Oglethorpe. 
Jones  of  Burke, 
Jones  of  Chatham, 


Jordan, 

Kenan, 

Ketch  urn, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Lattimer  of  Montgomery, 

Low, 

Lester, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mabry  of  Berrien, 
Mabry  of  Heard, 
Manson, 

Martin  of  Lnmpkin, 

McConnell  of  Catoosa, 

McConnell  of  Cherokee, 

McCulloch, 

McDaniel, 

McDowell, 

McLain, 

McLeod, 

McRae, 

Means, 

Moor  of  Spalding, 

Morrow, 

Mounger, 

Neal  of  Talbot, 

Newton, 

Nisbet, 

Overstreet, 

Padget, 

Paris, 

Phinizy  of  Monroe, 
Phinizy  of  Richmond^ 
Pierce, 
Pittman, 
Pofford, 
Ponder, 
Porter, 
Poullain, 
Prescott, 
Reed, 
Reese, 

Richardson  of  Lee, 
Robinson, 
Roddey, 


264 


JOURNAL   OF  THE 


Rutherford, 
Saffold, 


Usry, 

Varnadoe, 

Walton, 

Water  house, 

Webb, 

Whelchel, 

Whitehead, 

Willingham, 

Williams  of  Harris, 

Williamson, 

Willis, 

Winn  of  Cobb, 

Word, 

Yopp, 

Young  of  Gordon. 
Young  of  Irwin. 


Sharpe, 

Shropshire  of  Chattooga, 

Skelton, 

Singleton, 

Solomons, 

Spencer, 

Starr, 

Stephens  of  Hancock, 
Street, 

Thomas  of  Dooly, 

Thomas  of  Whitfield, 

Tillman, 

Toombs, 

Trippe, 

Tucker  of  Laurens, 


\ 


So  the  substitute  was  lost. 

Mr.  Cobb  called  for  the  "previous  question,"  which  be- 
ing seconded  and  sustained,  the  main  question,  to-wit : 
the  adoption  of  the  original  clause,  was  put,  and  decided 
in  the  affirmative. 

The  third  clause  of  said  section  and  Article  being  under 
consideration,  Mr.  Fleming  offered  the  following  amend- 
ment : 

To  insert  after  the  word  "time"  the  words  "  and  place  " 
and  to  strike  out  all  after  the  word  "law"  down  to  the 
word  "  ordained"  and  to  strike  out  all  after  the  word 
"county"  and  insert  the  words  "  ef  this  State" 

The  amendment  was  lost. 

On  motion  of  Mr.  Beall,  of  Forsyth,  the  word  "six"  in 
the  first  clause  of  the  second  section  of  said  article  was 
stricken  out,  and  the  word  "four"  inserted  in  lieu  thereof. 

Mr.  Chastain  moved  to  strike  out  the  said  clause,  and 
insert  in  lieu  thereof,  "the  provisions  of  the  existing  law 
regulating  the  election  of  the  Judges  of  the  Superior 
Courts." 

Upon  which  motion  the  yeas  and  nays  were  demanded 
to  be  recorded. 

There  are  yeas  100;  nays  1.06,  to-wit: 


GEORGIA  CONVENTION. 


265 


Those  who  voted  in  the  affirmative,  are  Messrs. 


Adams  of  Putnam, 

Algood, 

Arnold, 

Bailev, 

Black, 

Blalock, 

Bo  wen, 

Brewton, 

Briscoe, 

Butts, 

Byrcl, 

Cannon  ot  Rabun, 

Cannon  of  Wayne, 

Carson, 

Chastain, 

Cheshier, 

Cleaveland, 

Cochran  of  Terrell, 

Coleman,  , 

Corn, 

Daniel, 

Davenport  of  Sumter, 
Day, 

Dickers  on, 

Fain, 

Fields, 

Fort  of  Wayne, 

French, 

Gholston, 

Gordon, 

Hale, 

Hall, 

Harvill, 

Harris  of  Glynn, 

Harvey? 

Hawkins, 

Hendry, 

Hendricks, 

Herri  ngton, 

Hood, 

Hudson  of  Gwinnett, 
Hudson  of  Harris, 
Huggins, 

Johnson  of  Clayton, 
Johnson  of  Hail, 
Johnson  of  Jefferson. 


Killgore, 
Kimsey, 
Knox, 
Lamb, 

Lattimer  of  Appling, 
Lattimer  of  Montgomery, 
Lester, 
Marshall, 

Martin  of  Lumpkin, 

McConnell  of  Catoosa, 

McConnell  of  Cherokee, 

McDonald, 

McLeod, 

Milton, 

Moore  of  Bulloch, 

Montgomery, 

Morrow, 

Paris, 

Patrick, 

Pickett, 

Pierce, 

Pittman. 

PofTord, 

Ponder, 

Prescott, 

Price, 

Ramsey  of  Clinch, 

Reynolds, 

Rice, 

Richardson  of  Lee. 

Robinson, 

Sharman, 

Simmons  of  Pickens, 

Sirmons, 

Sisk, 

Spence, 

Spencer, 

Stapleton, 

Street, 

Strickland  of  Forsvth. 

Strickland  of  Tatnall, 

Styles, 

Taliaferro, 

Tomlinson, 

Tucker  of  Colquitt, 

Turner  of  Wilcox, 


266 


JOURNAL    OF  THE 


Webb,  Wright, 
West,  Yates, 
Whelchel,  Yopp, 
Will  high  am, 
Williams  [of  Harris, 

Those  who  voted  in  the  negative  are  Messrs, 


Adams  of  Camden, 
Alexander  of  Fulton, 
Alexander  of  Upson, 
Anderson, 
Bartow, 

Bell  of  Forsyth, 
Beall  of  Troup, 
Benning, 
Briggs, 

Brown  of  Houston, 

Brown  of  Marion, 

Bryan, 

Bullard, 

Bush, 

Cantrell, 

Cars  well, 

Cobb, 

Cody, 

Crawford  of  Greene, 

Crawford  of  Richmond, 

Davis  of  Chattahoochee, 

Davenport  of  Clay, 

Dewberry, 

Fleming, 

Ford, 

Fort  of  Stewart, 
Fouche, 
Furlow, 
Gaulden, 

Glenn  of  Oglethorpe, 

Glover, 

Giles, 

Gray, 

Gresham, 

Gunn, 

Harris  of  Hancock, 

Harris  of  Mcintosh, 

Henderson, 

Hill  of  Troup, 

Hilliard, 

Hines, 


Howell, 
Hull, 

Humphries, 
Hust, 
Jackson, 
Jennings, 

Johnson  of  Oglethorpe, 

Jones  of  Burke, 

Jones  of  Chatham, 

Kenan, 

Ketchum, 

Lamar  of  Lincoln, 

Lamar  of  Bibb, 

Low, 

Lindley, 

Logan, 

Logue, 

Lyle, 

Mabry  of  Berrien, 
Mabry  of  Heard, 
Manson, 
McCulloch, 
McDaniel, 
McRae, 
Means, 
Mounger, 
Neil  of  Talbot, 
Newton, 
Nisbet, 
Padget, 

Phinizy  of  Monroe, 

Phinizy  of  Richmond, 

Porter, 

Poullain, 

Reed, 

Reese, 

Roddey, 

Rutherford, 

Saffold, 

Sharpe, 

Shropshire  of  Chattooga 


GEORGIA  CONVENTION. 


267 


Skelton,  Tucker  of  Laurens, 

Simms,  Varnadoe, 

Singleton,  Walton, 

Smith  of  Johnson,  Waterhouse, 

Solomons,  Whitehead, 

Stephens  of  Hancock,  Williamson, 

Thomas  of  Doolv,  Willis, 

Thomas  of  Whitfield,  Winn  of  Cobb, 

Tidwell,  Wood, 

Tillman,  Word, 

Toombs,  Young  of  Gordon. 

Trippe,  Young  of  Irwin. 

So  the  motion  was  lost. 

Mr.  Reynolds  offered  the  following  amendment : 

To  insert  in  the  third  clause,  after  the  word  "  be"  and 
before  "  appointed"  the  words  "  elected  by  the  General  As- 
sembly from  the  circuits  in  whiqh  they  reside." 

Mr.  Varnadoe  called  for  the  "  previous  question"  which 
being  seconded  and  sustained,  the  main  question  was  put, 
to-wit :  the  motion  to  adopt  the  original  clause  as  amended^ 
which  motion  prevailed. 

On  motion  of  Mr.  Cobb,  the  words,  "for  violations  against 
road  laws,  and  for  obstructing  water  courses,"  in  the  third 
clause  of  the  second  section,  was  striken  out,  and  "violations 
of  road  law^s  and  obstructions  of  water  courses  jurisdiction 
of"  was  inserted. 

Mr.  Hawkins  moved  to  strike  out  all  after  the  word  "ex- 
cept" in  the  fourth  clause  of  said  section* 
The  motion  wTas  lost. 

Mr.  Cobb  offered  the  following  amendment  to  the  fifth 
clause  of  the  second  section  of  said  article. 

"  And  also  in  all  equity  causes  which  shall  be  tried  in 
the  county  where  one  or  more  of  the  defendants  reside, 
against  whom  substantial  relief  is  prayed." 

The  amendment  was  received. 

Mr.  Jackson  moved  to  strike  out  the  word  "  certiorari" 
in  the  seventh  clause,  and  insert  the  word  "  appeal" 

The  motion  was  lost. 


268 


JOURNAL  OF  THE 


On  motion  of  Mr.  Cobb,  the  word  "  Legislature"  in  the 
12th  clause  of  said  section,  was  stricken  out,  and  the  words 
"  General  Assembly"  inserted  in  lieu  thereof. 

The  third  section  was  taken  up* 

Mr.  Hansel  moved  to  amend  the  2d  clause  thereof,  by 
striking  out  the  words  "  elected  by  the  persons  entitled  to 
vote  for  members  of  the  General  Assembly,"  and  inserting, 
in  lieu  thereof,  the  words  "  appointed  in  the  same  manner 
as  Judges  of  the  Supreme  Court." 

The  motion  prevailed. 

Mr.  Hood  moved  to  strike  out  the  word  "  justices"  in  the 
third  clause. 

The  motion  was  lost. 

On  motion  of  Mr.  Cobb,  the  fourth  article,  as  amended, 
was  adopted. 

The  fifth  article  was  taken  up. 

On  motion  of  Cobb,  the  words,  "  by  joint  ballot"  in  the 
second  section,  was  stricken  out,  and  the  words  "  viva  voce" 
inserted  in  lieu  thereof. 

He  also  moved  to  strike  out  the  words,  "  and  receive  the 
ballots" 

The  motion  prevailed. 

Mr.  Harris,  of  Glynn,  moved  to  strike  out  all  after  the 
first  sentence,  in  the  sixth  section. 

The  motion  pervailed. 

Mr.  Cobb  offered  the  following  additional  section. 

7th.  This  constitution  shall  not  take  effect  until  the  same 
is  ratified  by  the  people. 

And  to  this  end  there  shall  be  an  election  held  at  all  the 
places  of  public  election  in  this  State,  on  the  first  Tuesday 
in  July  1861,  when  all  the  citizens  of  this  State,  entitled  to 
vote  for  Governor,  shall  cast  their  ballots  either  for  "  Rati- 
fication "or  "No  Ratification." 


GEORGIA   CONVENTION.  269 

The  election  shall  be  conducted  in  the  same  manner  as 
general  elections  and  the  returns  shall  be  made  to  the  Gov 
ernor. 

If  a  majority  of  the  votes  cast,  shall  be  for  "  Ratification" 
the  Governor  shall  by  proclamation  declare  the  constitution 
adopted  by  the  people. 

But  if  for  "No  Ratification,''  that  fact  shall  be  proclaim- 
ed by  the  Governor,  and  this  constitution  shall  have  no  ef- 
fect whatever. 

Mr.  Tidwell  offered  the  following  ordinance,  as  a  substi- 
tute for  the  foregoing  : 

. 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  assembled, 
and  it  is  hereby  ordained  by  the  authority  of  the  same, 

Section  1.  That  the  constitution  of  the  State  of  Georgia, 
agreed  to  and  adopted  by  this  Convention,  on  day  of 

March,  1861,  in  lieu  of  the  present  constitution  of  this  State, 
be  submitted  to  the  legal  voters  of  the  State,  for  their  ap- 
proval or  rejection,  and  upon  their  ratification  of  said  con- 
stitution, the  same  shall  become  the  constitution  of  this 
State  in  lieu  of  the  present  constitution. 

Sec.  2.  That  on  the  vote  approving  or  rejecting  said  con- 
stitution, those  voting,  shall  endorse  on  their  tickets,  u  Rati- 
fication" or  "  No  Ratification." 

And  be  it  further  ordained,  That  if  any  part  or  parts  of 
said  constitution,  shall  be  objectionable  to  said  voters,  that 
they  be  allowed  to  endorse,  "  No  Ratification "  to  such 
parts,  specifying  such  sections  as  they  may  refuse  to  ratify, 
on  their  tickets. 

And  in  the  event  that  any  one  or  more  sections  of  said 
constitution  should  be  rejected  by  a  majority  of  the  votes 
cast,  said  section  or  sections,  shall  not  become  a  part  of 
said  constitution,  but  the  remainder  of  said  constitution 
not  rejected  by  a  majority  of  the  votes  as  aforesaid,  shall  be 
considered  as  ratified,  and  become  a  part  of  the  constitution 
of  this  State,  and  in  lieu  of  the  present  constitution,  so  far 
as  the  same  may  extend. 


270 


JOUENAL  OF  THE 


Sec.  3.  That  an  election  be  held  on  the  first  Wednesday 
in  July  next,  at  the  several  places  of  holding  elections  in 
this  State,  for  members  to  the  General  Assembly,  and  that 
said  election  be  held  and  managed  in  the  same  way  and 
manner  that  elections  are  held  by  the  laws  now  in  force  for 
members  to  the  General  Assembly.  And  that  all  persons 
entitled  to  vote  for  such  members,  be  and  they  are  hereby 
entitled  to  vote  in  said  election  for  the  ratification  or  rejec- 
tion of  said  constitution,  as  provided  for  by  this  ordinance, 
with  this  additional  privilege,  that  each  citizen  who  would 
be  entitled  to  vote  in  the  county  of  his  residence,  may  vote 
in  any  county  in  the  State. 

Sec.  4.  The  returns  of  said  election  shall  be  consolidated, 
sealed  up,  and  forwarded  to  the  Executive  Department  at 
Milledgeville,  when  the  said  returns  from  the  respective 
counties  shall  be  opened  and  consolidated,  and  his  Excel- 
lency the  Governor  of  this  State,  is  hereby  authorized  and 
required  to  issue,  and  have  published,  his  proclamation,  an- 
nouncing the  ratification  or  rejection  of  said  constitution, 
or  such  parts  thereof  as  may  be  ratified  or  rejected  accord- 
ing to  this  ordinance. 

Sec.  5.  That  said  constitution  or  such  parts  thereof  as 
shall  be  ratified  by  the  votes  of  the  people,  held  under  this 
ordinance,  shall  take  effect  and  be  of  force  from  and  after 
the  tenth  day  of  August,  1861. 

Mr.  Bell,  of  Forsyth,  moved  the  indefinite  postponement 
of  the  foregoing  substitute. 

Mr.  Hull  offered  the  following  as  an  amendment,  and  sub- 
stitute for  both  the  original  and  substitute  : 

Resolved,  That  the  action  of  this  Convention  altering  the 
constitution,  shall  be  submitted  to  a  vote  of  the  people,  on 
the  first  Tuesday  in  July  next,  in  the  following  manner: 

Reduction  of  Senate. 
Ratification. 

Reduction  of  Senate. 
No  Ratification. 


GEORGIA  CONVENTION. 


271 


Constitution. 
Katification. 
Constitution. 
No  Ratmcation. 

If  a  majority  shall  vote  to  ratify  the  reduction  of  the  Sen- 
ate, the  Governor  shall  make  proclamation  for  the  conduct 
of  the  voters  at  the  election  in  October  next. 

If  a  majority  shall  vote  to  ratify  the  constitution,  the 
Governor  shall  make  proclamation  thereof,  declaring  it  to 
be  the  Supreme  Law. 

Elections  in  the  premises  and  the  returns  made  in  the 
usual  manner. 

Mr.  Chastain  called  for  the  "previous  question"  which  be- 
ing seconded  and  sustained,  the  main  question,  to-wit,  the 
adoption  of  the  original  section  was  put,  and  decided  in  the 
affirmative. 

Mr.  Cobb  then  moved  the  adoption  of  the  fifth  article  as 
amended. 

The  motion  prevailed. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and 
Laws  to  whom  was  recommmitted  the  21st  section  of  the 
Bill  of  Eights,  reported  the  following  amendment,  to  come 
in  after  the  word  "granted"  "  and  the  right  to  carry  water 
over  land  for  the  purpose  of  mining  or  draining."  ( 

The  report  was  taken  up  and  adopted. 

Mr.  Cobb,  from  the  same  commtttee,  to  whom  was  re- 
committed the  sixth  clause  of  the  first  section,  of  the  second 
article  of  the  constitution,  reported  the  following  amend- 
ment; to  insert  after  the  word  "felony"  the  words  "  involv- 
ing any  species  of  the  crimen  falsi." 

The  report  was  taken  up,  and  adopted. 

Mr.  Cobb  moved  to  amend  the  fifth  clause  of  section 
second,  of  the  third  article  of  the  constitution,  by  adding  the 
words  "  during  the  same  session  or  the  recess  thereafter." 

The  motion  prevailed. 


272 


JOURNAL  OF  THE 


Mr.  Whitehead  offered  the  following  resolution  : 

Resolved,  That  one  thousand  copies  of  the  constitution  as 
amended,  be  printed  for  the  use  of  the  members  of  the  Con- 
vention. 

The  Convention  then  adjourned  till  ten  o'clock  to-mor- 


SATURDAY,  MARCH  23,  1861. 

- 

The  Convention  met  in  secret  session,  when  the  journal 
of  yesterday  was  read. 

Mr.  Johnson,  of  Hall,  moved  to  reconsider  so  much  of 
the  journal  of  yesterday  as  relates  to  the  adoption  of  the 
fourth  clause  of  the  sixth  section  of  the  second  article  of 
the  Constitution,  as  amended. 

The  motion  to  reconsider  did  not  prevail. 

Mr.  Fouche  moved  to  reconsider  so  much  of  the  journal 
of  yesterday  as  relates  to  the  action  of  the  Convention  in 
striking  out  the  5th  clause  of  the  6th  section  of  the  2nd 
article  of  the  Constitution. 

The  'motion  to  reconsider  did  not  prevail. 

Mr.  Chastain  moved  to  reconsider  so  much  of  the  journal 
of  yesterday  as  relates  to  the  rejection  of  his  motion  to 
strike  out  the  third  clause  of  the  first  section  of  the  fourth 
article  of  the  Constitution. 

The  motion  to  reconsider  did  not  prevail. 

Mr.  Tidweli  moved  to  reconsider  so  much  of  the  journal 
of  yesterday  as  relates  to  the  rejection  of  his  substitute  for 
Mr.  Cobb's  additional  section  to  the  fifth  article  of  the  Con- 
ssitution. 

The  motion  to  reconsider  did  not  prevail. 

On  motion  of  Mr.  Cobb,  the  Constitution,  as  amended, 
was  then  adopted  as  a  whole,  and  was  so  proclaimed  by 
the  President. 


GEORGIA-  CONVENTION.  27? 

Mr.  Cobb  offered  the  following  resolution,  which  was 
taken  up,  read,  and  agreed  to  : 

Resolved,  That  ten  thousand  copies  of  the  Constitution 
of  the  Confederate  States,  and  of  the  State  of  Georgia,  as 
adopted  by  this  Convention,  shall  be  printed  and  distributed 
to  the  several  members  of  this  Convention,  for  the  purpose 
of  general  distribution. 

Mr.  Hawkins,  from  the  Committee  to  organize  the  State 
into  ten  Congressional  Districts,  made  the  following  report: 

The  Committee  to  whom  was  referred  the  organization 
of  ten  Congressional  Districts  for  the  State  of  Georgia,  re- 
port the  following : 

AN  ORDINANCE 

■ 

The  people  of  Georgia  in  Convention  assembled  do  hereby  de- 
clare and  ordain, 

That  the  Congressional  Districts  of  this  State  shall  be 
arranged  by  counties  as  follows  : 

The  First  District  shall  be  composed  of  the  following, 
counties  : — Appling,  Bryan,  Bulloch,  Chatham,  Camden, 
Charlton,  Clinch,  Coffee,  Effingham,  Emanuel,  Glynn,  Lib- 
erty, Mcintosh,  Montgomery,  Pierce,  Scriven,  Telfair,  Tat- 
nail,  Ware,  and  Wayne. 

The  Second  District  shall  be  composed  of  the  counties 
of  Baker,  Berrien,  Brooks,  Calhoun,  Clay,  Colquitt,  Dooly.. 
Decatur,  Dougherty,  Early,  Echols,  Irwin,  Lee,  Lowndes 
Mitchell,  Miller,  Randolph,  Terrell,  Thomas,  Wilcox,  and 
Worth. 

^*K>f-^*-*V ,.  v  *         if-  *':r»- ,  «•    ;  ft  ''>•*.  »\ 

The  Third  District  shall  be  composed  of  the  counties  of 
Chattahoochee,  Harris,  Muscogee,  Marion,  Macon,  Quitman. 
Stewart,  Sumter,  Schley,  Taylor,  Talbot,  and  Webster. 

The  Fourth  District  shall  be  composed  of  the  counties  of 
Baldwin,  Bibb,  Crawford,  Jones,  Jasper,  Houston,  Laurens, 
Putnam,  Pulaski,  Twiggs,  and  Wilkinson. 


274 


JOURNAL  OF  THE 


The  Fifth  District  shall  be  composed  of  the  counties  of 
Burke,  Columbia,  Glasscock,  Hancock,  Jefferson,  Johnson, 
Lincoln,  Richmond,  W arren,  Wilkes,  and  Washington. 

The  Sixth  District  shall  be  composed  of  the  counties  of 
Clark,  Elbert,  Franklin,  Greene,  Hart,  Madison,  Morgan, 
Newton,  Oglethorpe,  Taliaferro,  and  Walton. 

The  Seventh  District  shall  be  composed  of  the  counties 
<of  Batts,  Clayton,  Fayette,  Henry,  Meriwether,  Monroe, 
Pike,  Spalding,  Troup,  and  Upson. 

The  Eighth  District  shall  be  composed  of  the  counties  of 
Campbell,  Carroll,  Coweta,  Cobb,  DeKalb,  Fulton,  Haral- 
son, Heard,  Paulding,  and  Polk. 

The  Ninth  District  shall  be  composed  of  the  counties  of 
Banks,  Cherokee,  Dawson,  Forsyth,  Gwinnett,  Habersham, 
Jackson,  Hall,  Lumpkin,  Milton,  Pickens,  Rabun,  Towns, 
, Union,  and  White. 

Xke  Tenth  District  shall  be  composed  of  the  counties  of 
Cass,  Catoosa,  Chattooga,  Dade,  Fannin,  Floyd,  Gordon, 
Gilmer.  Murray,  Walker,  and  Whitfield. 

Be  it  further  ordained,  That  the  first  election  for  members 
to  Congress  shall  be  had  under  and  by  virtue  of  this  ordi- 
nance, and  thereafter  said  districts  to  be  regulated  by  the 
Legislature,  whenever  the  Congress  of  the  Confederate 
States  shall  alter  the  apportionment  of  representation. 

Mr.  Cobb  offered  the  following  amendment :  That  the 
county  of  Jackson  be  transferred  from  the  ninth  to  the  sixth 
Congressional  District. 

The  amendment  was  received. 

Mr.  Hawkins  called  for  the  previous  question,  to-wit : 
the  adoption  of  the  ordinance  as  amended,  which  being 
seconded  and  sustained,  the  same  was  read  twice  and  passed. 

Mr.  Varnadoe  offered  the  following  resolution,  which  was 
taken  up  and  read  : 

Resolved,  That  the  thanks  of  this  Convention  are  due 
and  are  hereby  tendered  to  the  clergy,  resident  in  this  city, 
for  their  prompt  and  cheerful  acceptance  of  the  invitation 


GEORGIA  CONVENTION. 


27-5 


of  its  committee  to  officiate  in  the  opening  exercises  of  the 
Convention,  and  their  acceptable  performance  of  the  ser- 
vice. 

Mr.  Martin,  of  Lnmpkin,  offered  the  following  amend- 
ment : 

Resolved  further,  That  the  thanks  of  this  Convention  are 
due  and  are  hereby  tendered  to  the  President  of  the  Geor- 
gia Railroad  Company  for  the  kind  and  courteous  tender  of 
tickets  to  members  of  this  Convention  on  their  return 
home.  And  that  the  the  Secretary  transmit  a  copy  of  this 
resolution  to  the  President  of  said  road. 

The  amendment  was  received,  and  the  resolution,  as 
amended,  was  unanimously  adopted. 

Mr.  Varnadoe  laid  on  the  table  the  following  resolutions  : 

Resolved  1st.  That  the  volunteer  soldiers  from  the  city  of 
Savannah  have  exhibited  their  patriotism  in  the  prompt, 
patient,  and  efficient  manner  in  which  they  have  discharged 
their  duty  in  garrisoning  Fort  Pulaski,  and  deserve  the 
gratitude  of  their  fellow  citizens. 

Resolved,  2d,  That  the  Governor  be  requested  and  em- 
powered to  draw  from  the  funds  of  the  State  a  sufficient 
sum  to  pay  to  each  of  such  soldiers  as  much,  at  least,  as  will 
equal  the  pay  of  regulars,  and  place  this  sum  in  the  hands 
of  Col.  A.  R.  Lawton,  tor  payment  to  those  who  have  serv- 
ed under  him  in  holding  Fort  Pulaski. 

Mr.  Bartow,  from  the  Committee  on  Military  Affairs,  re- 
ported the  following  ordinance,  which  was  taken  up,  read 
twice,  and  adopted  : 

AX  ORDINANCE 

To  define  the  number  of  men  who  shall  compose  a  company 
in  the  two  regular  regiments  of  infantry. 

Be  it  ordained  by  the  people  of  the  State  of  Georgia,  in  Con- 
vention assembled, 

That  the  number  of  men  who  shall  compose  a  company 
of  infantry  in  the  said  regular  regiments  of  infantry,  au- 
thorized to  be  raised  by  an  ordinance  of  this  Convention, 


276 


JOURNAL  OF  THE 


shall  be  tbe  same  as  is  provided  for  the  volunteer  force  au- 
thorized to  be  raised  by  the  General  Assembly  of  this  State 
by  an  act  "  to  provide  for  the  public  defence,  and  for  other 
purposes." 

From  the  same  committee,  Mr.  Bartow  reported  the  fol- 
lowing resolutions,  which  were  taken  up,  read,  and  adopted: 

Resolved  by  the  people  of  Georgia  in  Convention  assembled, 
That  the  Governor  of  this  State  is  hereby  authorized  to 
tender  to  the  government  of  the  Confederate  States  of 
America,  under  the  provisions  of  an  act  of  Congress  '-to 
raise  provisional  forces  for  the  Confederate  States  of  Amer- 
ica and  for  other  purposes,"  the  regular  forces  of  this  State 
provided  for  by  an  ordinance  of  this  Convention. 

Resolved  further,  That  the  President  of  the  Confederate 
States  be  requested  to  receive  into  the  service  under  the 
act  aforesaid,  all  the  men  now  enlisted,  with  the  officers  ne- 
cessary to  command  them,  by  companies  or  battallions,  and 
the  remainder  of  the  force  as  they  may  be  recruited  with 
their  officers,  until  each  of  the  two  regiments  now  being 
recruited  is  completed,  when  the  whole  force,  with  their 
officers,  shall  form  as  regiments  a  part  of  the  said  provis- 
ional army  for  the  term  of  the  enlistment  for  the  war. 

Resolved  further,  That  the  Governor  be  authorized  to  con- 
tinue the  recruiting  service  by  the  officers  not  required  for 
the  command  of  the  troops  transferred,  until  the  regiments 
are  completed,  provided  that  a  longer  time  than  four  months 
from  this  date  be  not  allowed  for  this  purpose,  and  provi- 
ded further  that  the  Governor  be  authorized  to  disband  the 
said  regiments,  if  not  transferred  to  the  government  of  the 
Confederate  States. 

Mr.  Clark,  from  the  special  committee  to  whom  was  re- 
ferred the  subject  of  printing  and  distributing  the  journals 
of  this  body,  and  the  compensation  which  should  be  allowed 
its  Secretary  and  assistant,  makes  the  following 

REPORT : 

i  • 

The  Committee  have  examined  the  journal  and  the  re- 
cord of  the  same,  so  far  as  both  have  progressed,  and  find 
that  the  journal,  together  with  the  numerous  documents 
which  the  Convention  has  ordered  published  as  an  appen- 
dix thereto,  will  make  a  journal  of  some  four  hundred 


GEORGIA  CONVENTION. 


277 


pages.  This  journal,  on  account  of  the  important  matter 
which  it  contains,  should  be  printed  and  bound  in  a  neat 
and  substantial  manner,  and  well  distributed  throughout 
the  State. 

The  committee  further  report  that  the  recording  of  the 
journal  has  begun  in  a  well  bound,  neat  and  substantial 
book,  and  has  progressed  as  far  as  the  journal  of  the  pro- 
ceedings of  the  last  day's  session  at  Milledgeville,  which 
has  been  done  in  the  recess  by  the  Secretaries,  without 
the  employment  of  a  clerk.  The  record  of  our  first  session 
will  extend  over  about  one  hundred  and  ten  pages,  closely 
written  of  said  Record  Book.  Such  recording  has  been 
well  and,  so  far  as  we  have  been  able  to  examine,  correctly 
done. 

The  committee  further  report  that  they  have  considered 
the  compensation  which  should  be  allowed  the  officers  of 
this  Convention,  and  have  ascertained — 

First,  That  the  Secretary  and  one  assistant  have  discharg- 
ed all  the  duties  of  the  office,  without  the  employment  of 
aid,  except  in  two  instances.  By  order  of  the  President, 
the  enrolling  of  several  of  the  ordinances  were  procured  to 
be  enrolled.  By  special  order  of  the  Convention  a  clerk 
was  employed  for  thirteen  days. 

Seco?id,  If  the  Convention  adjourns  on  Saturday,  it  will 
have  been  in  actual  session  thirty  days,  being  three-fourths 
as  long  as  the  constitutional  term  of  a  session  of  the  Gene- 
ral Assembly. 

Third,  That  there  was  twenty-six  days  in  the  recess,  du- 
ring which  time  the  Secretary  and  his  assistant  were  em- 
ployed  in  recording  the  journals  and  in  performing  other 
duties  connected  with  their  office. 

Fourth,  That  for  completing  the  journals  and  the  record 
of  the  same,  for  bringing  up  all  other  unfinished  business, 
mid  for  supervising  the  printing,  publication  and  distribu- 
tion of  the  printed  journal,  it  will  require  forty-five  days. 

Fifth,  This  will  make  the  time  actually  employed  by  the 
Secretaries  one  hundred  and  two  days.  We  include  the 
time  and  service  of  supervising  the  printing,  because  by 
reason  of  the  great  importance  in  having  the  journals  accu- 
rately printed  and  correctly  bound,  it  is  necessary  that  such 
duty  should  devolve  upon  some  person,  and  no  one  can  do. 


278 


JOURNAL  OF  THE 


it  so  well  as  the  Secretaries,  who  have  drafted  and  recorded 
the  original  manuscript. 

Sixth,  That  this  committee  have  m  ade  inquiry,  and  have 
ascertained  that  the  Secretary's  office  of  the  last  Senate, 
which  was  in  session  forty-three  clays,  cost  the  State  about 
eight  thousand  dollars,  which  is  not  alluded  to,  to  condemn 
the  expenditure,  for  we  know  that  that  office  is  now  dis- 
charged with  a  regard  to  economy  which  hitherto  did  not 
obtain.  The  greatest  portion  of  this  expenditure  was  for 
necessary  clerk  hire,  but  the  Secretaries  of  this  Convention 
have  employed  no  clerks,  and  have  chosen  to  work  the 
harder  themselves,  therefore  have  rendered  a  large  amount 
of  what  precedent  would  justify  us  in  denominating,  extra 
work.  We  take  pleasure  in  saying,  that  in  adopting  this 
method,  they  have  originated  a  system  of  economy  in  the 
office  of  Secretary,  which  as  a  precedent,  may  be  the  means 
of  saving  to  the  State  many  dollars. 

This  view  appears  with  much  more  force,  when  we  con- 
sider that  this  Convention  is  as  large  as  both  departments 
of  the  General  Assembly,  and  to  a  great  extent  embraces 
the  amount  of  service  discharged  by  the  Secretary  of  the 
Senate,  and  the  Clerk  of  the  House. 

We  therefore,  in  consideration  of  the  two  subjects  sub- 
mitted to  our  consideration,  propose  the  following  resolu- 
tions: 

1st.  Resolved,  That  five  thousand  copies  of  the  journals  of 
this  Convention,  be  printed  and  bound  as  was  the  journals 
of  the  late  South  Carolina  Convention,  under  the  super- 
vision of  the  Secretary  of  this  Convention,  except  twenty- 
five  copies  thereof,  which  shall  be  bound  in  sheep,  and  be 
deposited  in  the  State  Library,  the  others  shall  be  distribut- 
ed to  the  different  counties  under  the  same  authority  andin 
the  same  manner,  as  the  journals  of  the  General  Assembly. 

2d.  Resolved,  That  the  Secretary  and  his  assistant,  shall 
receive  each  fifteen  hundred  dollars,  which  is  to  cover  the 
expense  of  any  clerk  they  may  deem  necessary  to  employ, 
in  bringing  up  and  completing  the  unfinished  business. 

3d,  Resolved,  That  J.  M.  Patton  have  ninety-one  dollars 
for  thirteen  days  employment  as  a  clerk  of  this  Convention, 


GEORGIA  CONVENTION.  279 

and  H.  J.  O.  Williams,  fifty  dollars  for  enrolling  certain  ordi- 
nances. 

The  report  was  taken  tip  and  read. 

Mr.  Tidwell  laid  on  the  table  the  following  amendment.. 
<;  and  that  the  Secretaries  of  this  Convention  be  permitted 
to  publish,  and  have  the  exclusive  right  to  do  so,  any  extra 
copies  of  the  ionrnal  they  may  see  proper,  at  their  own  ex- 
pense, for  sale." 

Mr.  Alexander,  of  Upson,  offered  the  following  amend- 
ment, which  was  received. 

Resolved,  That  the  compensation  of  the  President  o  f  this 
body  shall  be  ten  dollars  per  diem,  and  mileage. 

Mr.  Briscoe  offered  the  following  amendment,  which  was 
received  : 

Rf  solved.  That  the  pay  of  the  Assistant  Door  Keeper,  be 
the  same,  per  diem,  during  the  time  he  has  served,  as  that 
of  the  Messenger  or  Door  Keeper. 

Mr.  Clarke  offered  the  following  amendment,  which  was- 
received  : 

Each  member  of  this  Convention  shall  have  one  copy 
of  said  journal  to  be  sent  to  him  by  the  State  Librarian^ 
by  mail.* 

The  report  as  amended,  was  adopted. 

Mr.  Saffold,  from  the  Committee  on  Military  Affairs,  re- 
ported the  following  resolution  : 

Resolved,  That  the  thanks  of  the  people  of  Georgia,  are 
hereby  tendered  to  the  various  officers  and  their  respective 
commands,  who.  in  the  hour  of  anticipated  danger  and  in- 
vasion, promptly  placed  themselves  under  the  command  of 
the  G-overnor,  for  the  purpose  of  protecting  and  defending 
the  honor  and  interest  of  the  State, 

The  report  was  taken  up,  read,  and  unanimously  ad- 
opted. 

Mr.  Alexander,  of  Fulton,  laid  on  the  table  the  following 
resolution  : 


•:280 


JOURNAL   OF  THE 


Resolved,  That  the  sum  of  dollars  be  allowed  the 

Treasurer  of  the  State  of  Georgia,  for  the  extra  duties  which 
lie  has  discharged  at  Milledgeville  and  Savannah,  conse- 
quent upon  the  payments  made,  and  to  be  made  by  him  to 
.this  Convention,  its  officers,  printers,  and  others. 

The  resolution  was  taken  up  and  read,  when  Mr.  John- 
.■son,  of  Clayton,  moved  to  fill  the  blank  with  $500. 

The  motion  was  lost. 

Mr.  Alexander,  of  Fulton,  moved  to  fill  up  the  blank  with 
$300. 

The  motion  was  lost. 

He  then  moved  to  insert  $200,  which  motion  prevailed, 
sad  the  resolution  as  amended  was  adopted. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and 
Laws  of  the  State,  and  Constitution  of  the  United  States, 
made  the  folio  win  s 

REPORT: 

The  Committee  on  the  Constitution  and  Laws  of  the 
State,  and  the  Constitution  of  the  United  States,  to  whom 
was  referred  the  resolution  inquiring  into  the  propriety  of 
granting  to  the  Governor,  the  power  to  make  reprisals  &c, 
report: 

That  they  have  had  the  same  under  consideration,  and 
recommend  that  no  action  be  taken  by  this  Convention. 

The  report  was  taken  up,  read,  and  adopted. 

Mr.  Cobb,  from  the  Committee  on  the  Constitution  and 
:Laws  of  the  State,  and  the  Constitution  of  the  United  States, 
reported  the  following  ordinance: 

■ 

AN  ORDINANCE 

To  alter  and  fix  the  the  time  of  electing  the  Governor  and 
Members  of  the  Grand  Assembly. 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  as- 
sembled, and  it  is  hereby  ordained  by  authority  oj  the  same,  That 


GEORGIA  CONVENTION. 


2S1 


the  next  election  of  Governor,  and  Members  of  the  Gene- 
ral Assembly,  shall  be  held  on  the  first  Wednesday  in  Oc- 
tober, 1861  ;  and  that  the  Governor  and  Members  of  the 
General  Assembly,  shall  be  elected  biennially  thereafter,  on 
the  first  Wednesday  in  October,  until  the  time  shall  be  al- 
tered by  law. 

The  report  was  taken  up.  and  the  ordinance  having  been 
read  twice,  was  adopted. 

Mr.  Safr'old,  from  the  Committee  on  Military  Afnairs,  re- 
ported the  following  ordinance. 

ax  ordinance 

To  authorize  the  Governor  to  pay  the  officers  and  men  of 
the  various  Volunteer  Companies,  which  have  been  em- 
ployed by  him  in  the  military  services  of  the  State. 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  as- 
sembled. That  the  Governor  be  and  he  is  hereby  authorized 
and  required  to  pay  the  officers  and  men  of  the  various  Vol- 
unteer Companies,  which  have  been  employed  by  him  in 
the  military  service  of  the  State,  and  compensation  accord- 
ing to  their  respective  grades,  as  is  allowed  by  law,  to  the 
officers  and  privates  in  the  regular  army  of  the  United 
States. 

The  report  was  taken  up,  and  the  ordinance  having  been 
read  twice,  wras  adopted. 

Mr.  Cobb  offered  the  following  Resolution,  which  was 
taken  up,  read,  and  adopted: 

Resolved,  That  a  committee  of  three  be  appointed  to 
revise  and  collate  the  amendments  made  to  the  Constitu- 
tion of  the  State. 

The  President  then  appointed  the  following  as  the  com- 
mittee under  the  foregoing  Resolution,  to-wit: 

Messrs.  Cobb, 

Crawford  of  Greene,  and 
Stephens  of  Hancock. 


282 


JOURNAL  OF  THE 


Mr.  Carswell  laid  on  the  table  the  following  Resolu- 
tion, which  was  taken  up,  read,  and  adopted : 

Resolved,  That  the  Treasurer  pay  the  printing  and  other 
contingent  expenses  of  this  Convention,  when  the  accounts 
have,  been  properly  audited  and  approved  by  the  auditing 
committee. 

Mr.  Cobb  laid  upon  the  table  the  following  Ordinance, 
which  was  taken  up,  read  twice,  and  adopted : 

AN  ORDINANCE 

To  define  the  extent  of  duration  of  the  Ordinances  passed 
by  this  Convention. 

The  People  of  Georgia,  in  Convention  asssmhled,  do  Ordain, 

That  all  Ordinances  passed  by  this  Convention  shall  be 
subject  to  modification  or  repeal  by  the  General  Assembly 
of  this  State,  except  the  following : 

1st,  The  Ordinance  of  Secession. 

2nd,  The  Ordinance  of  Ratification  of  the  Constitution 
of  the  Confederate  States  of  America. 

3rd,  The  Ordinances  in  relation  to  the  Constitution  of 
the  State. 

4th,  All  Ordinances  and  Regulations  referring  to  our 
relations  with  the  Confederate  States. 

5th,  All  Ordinances  which  by  their  own  terms  can  be 
changed  only  by  a  Convention  of  the  People. 

Mr.  Cobb  laid  upon  the  table  the  following  Resolutions, 
which  were  taken  up,  read,  and  adopted : 

Resolved,  That  the  delegates  of  this  State  to  the  Conven- 
tion at  Montgomery  be  authorized  to  consent  to  the 
continuation  of  the  Provisional  Government  until  the  22nd 
day  of  February,  1862,  with  a  view  to  the  inauguration  of 
the  Permanent  Government  on  that  day. 

Resolved,  That  any  vacancy  which  may  occur  in  the  said 
delegation  by  death,  resignation,  or  otherwise,  may  be 
filled  by  the  appointment  of  the  remaining  delegates. 

The  Resolution  of  Mr.  Roddey  relative  to  the  suspension 
of  specie  payments  by  the  Banks,  and  the  payment  of 


GEORGIA  CnXVE^TIOX. 


283 


duties  on  imports,  &c.  was  then  taken  up.  and.  on  motion 
of  Mr.  Fouche,  was  laid  on  the  table. 

Mr.  Bartow's  Resolution  relative  to  Officers  of  the  Navy 
on  the  retired  list,  was  taken  up  and  read. 

Mr.  Bartow  moved  to  amend  the  same  by  striking  out 
the  word  "retired,"  and  inserting  the  word  --reserved." 

The  motion  prevailed,  and  the  Resolution  as  amended 
was  adopted. 

On  motion,  the  rule  was  suspended,  when  Mr.  William- 
son offered  the  following  Resolution  : 

Resolved,  That  this  Convention  tenders  its  thanks  to  the 
Hon.  George  W.  Crawford,  its  distinguished  and  patriotic- 
President,  for  the  kind,  able,  and  dignified  manner  in  which 
he  presided  over  the  deliberations  of  this  body. 

The  Resolution  was  taken  up,  read,  and  unanimously 
adopted. 

H.  P.  Bell,  Esq.,  the  Commissioner  on  the   part  of 
Georgia  to  Tennessee,  laid  on   the  table  a  communication, 
which  was  ordered  to  be  printed  in  the  appendix  to  the 
Journal  of  this  Convention. 

Mr.  Clarke's  Ordinance  to  modify  the  Act  of  the  Gene- 
ral Assembly  of  1559,  relative  to  Bank  suspensions,  was 
taken  up  and  read,  when  he  laid  upon  the  table  the  follow- 
in  2  amendments: 

-* 

1st,  To  add  to  the  first  section  the  following  words  : 
'•and  that  he  has  not  procured  specie,  either  by  him- 
self, or  otherwise  exchanged  bills,  nor  resorted  to  any  other 
means  to  give  anv  Bank  or  Banks  an  advantage  over  anoth- 
er." 

2nd,  "The  Banks  of  Augusta  must  furnish  the  specie  in 
redemption  of  their  respective  bills,  for  dues  to  the  cus- 
toms, by  persons  resident  of  that  city,  or  doing  business 
therein." 

Mr.  Spencer  moved  to  postpone  indefinitely  the  consid- 
eration of  said  Ordinance,  pending  which  motion  the  Con- 
vention took  a  recess  till  4  o'clock,  P.  M. 


284 


JOURNAL  OF  THE 


4  O'CLOCK,  P.  M. 

The  Convention  met  persuant  to  adjournment. 

Mr.  Fort,  from  the  committee  on  Enrollment,  made  the 
following 

KEPORT : 

- 

Whereas,  The  special  committee  on  pay  to  the  several 
officers  of  this  Convention  has  recommended  the  sum  of 
fifty  dollars  only  to  Maj.  H.  J.  G.  Williams,  for  services  as 
Enrolling  Clerk ;  and  whereas,  said  sum  is  much  below  the 
services  rendered.  We,  the  Enrolling  committee,  recom- 
mend that  Maj.  Williams  receive  one  hundred  and  fifty 
dollars  in  addition  to  the  amount  already  voted  to  him. 

On  motion  of  Mr.  Hull,  the  Convention  then  adjourned 
till  half-past  seven  o'clock,  P.  M. 

■ 

—  

7  i  O'CLOCK,  P.  M. 
The  Convention  met  pursuant  to  adjournment. 

Mr.  Glenn  of  Fulton  laid  upon  the  table  the  following 
Resolution  : 

Resolved,  That  the  injunction  of  secrecy  be  removed 
from  all  the  proceedings  of  this  Convention. 

The  Resolution  was  taken  up,  read,  and  adopted. 
Mr.  Thomas  of  Whitfield,  offered  the  following  Resolu- 
tion, which  wTas  taken  up,  read,  and  adopted : 

Resolved,  That  the  thanks  of  this  Convention  be,  and 
they  are  hereby  tendered  to  the  committee  on  the  Consti- 
tution and  Laws  of  the  State,  and  the  Constitution  of  the 
United  States,  for  the  untiring  zeal  and  signal  ability  dis- 
played, in  their  Reports  to  this  Convention,  and  especially 
in  their  Report  on  the  Revision  of  the  Constitution  of  the 
State. 

Mr.  Cobb,  from  the  commitee  to  revise  and  collate  the 
amendments  made  to  the  Constitution,  reported  that  the 
committee  had  discharged  that  duty,  and  submitted  the 
the  following,  as  the  Constitution  of  the  State,  to  be  sub- 
mitted to  the  people  for  ratification  : 


GEOEGIA  CONVENTION. 


285 


THE 

CONSTITUTION 

OF 

THE  STATE  OF  GEORGIA. 

ARTICLE  I. 
Declaration  of  Fundamental  Peinciples. 

1.  The  fundamental  principles  of  Free  Government  can- 
not be  too  well  understood,  nor  too  often  recurred  to. 

2.  God  has  ordained  that  men  shall  live  under  govern- 
ment ;  but  as  the  forms  and  administration  of  civil  govern- 
ment are  in  human,  and  therefore,  fallible  hands,  they  may 
be  altered,  or  modified  whenever  the  safety  or  happiness 
of  the  governed  requires  it.  No  government  should  be 
changed  for  light  or  transient  causes ;  nor  unless  upon 
reasonable  assurance  that  a  better  will  be  established. 

3.  Protection  to  person  and  property  is  the  duty  of 
Government ;  and  a  Government  which  knowingly  and 
persistently  denies,  or  withholds  from  the  governed  such 
protection,  when  within  its  power,  releases  them  from  the 
obligation  of  obedience. 

4.  No  citizen  shall  be  deprived  of  life,  liberty  or  proper- 
ty, except  by  due  process  of  law  ;  and  of  life  or  liberty, 
only  by  the  judgment  of  his  peers. 

5.  The  writ  of  "Habeas  Corpus"  shall  not  be  suspended, 
unless  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

6.  The  right  of  the  people  to  keep  and  bear  arms  shall 
not  be  infringed. 

7.  No  religious  test  shall  be  required  for  the  tenure  of 
any  office;  and  no  religion  shall  be  established  by  law; 
and  no  citizen  shall  be  deprived  of  any  right  or  privilege 
by  reason  of  his  religious  belief. 

8.  Freedom  of  thought  and  opinion,  freedom  of  speech, 
and  freedom  of  the  press,  are  inherent  elements  of  politi- 


286 


JOURNAL  OF  THE 


cal  liberty.  But  while  every  citizen  may  freely  speak, 
write  and  print,  on  any  subject,  he  shall  be  responsible  for 
the  abuse  of  the  liberty. 

9.  The  right  of  the  people  to  appeal  to  the  courts ;  to 
petition  Government  on  all  matters  of  legitimate  cogni- 
zance ;  and  peaceably  to  assemble  for  the  consideration  of 
any  matter  of  public  concern — shall  never  be  impaired. 

10.  For  every  right,  there  should  be  provided  a  remedy ; 
and  every  citizen  ought  to  obtain  justice  without  pur- 
chase, without  denial,  and  without  delay — conformably  to 
the  laws  of  the  land. 

11.  Every  person  charged  with  an  offence  against  the 
laws  of  the  State  shall  have  the  privilege  and  benefit  of 
counsel : 

Shall  be  furnished,  on  demand,  with  a  copy  of  the  accu- 
sation, and  with  a  list  of  the  witnesses  against  him : 

Shall  have  compulsory  process  to  obtain  the  attendance 
of  his  own  witnesses  : 

Shall  be  confronted  with  the  witnesses  testifying  against 
him ;  and 

Shall  have  a  public  and  speedy  trial  by  an  impartial  jury. 

12.  No  person  shall  be  put  in  jeopardy  of  life  or  liberty 
more  than  once  for  the  same  offence. 

13.  No  conviction  shall  work  corruption  of  blood,  or 
general  forfeiture  of  estate. 

14.  Excessive  bail  shall  not  be  required ;  nor  excessive 
fines  imposed ;  nor  cruel  and  unusual  punishments  inflicted. 

15.  The  power  of  the  courts  to  punish  for  contempt 
shall  be  limited  by  Legislative  Acts. 

16.  A  faithful  execution  of  the  laws  is  essential  to  good 
order  ;  and  good  order  in  society  is  essential  to  liberty. 

17.  Legislative  Acts  in  violation  of  the  fundamental  law 
are  void  ;  and  the  Judiciary  shall  so  declare  them. 

18.  Ex  post  facto  laws,  and  laws  impairing  the  obligation 
of  contracts,  and  retro-active  legislation  injuriously  affect- 
ing the  right  of  the  citizen,  are  prohibited. 

19.  Laws  should  have  a  general  operation  ;  and  no  gen- 
eral law  shall  be  varied  in  a  particular  case  by  special  Legis- 
lation ;  except  with  consent  of  all  persons  to  be  affected 
thereby. 


GEQJfe&IA  C OX  VENTIOX. 


287 


20.  The  right  of  taxation  can  he  granted  only  by  the 
people  ;  and  shall  be  exercised  only  to  raise  revenue  for 
the  support  of  Government,  to  pay  the  public  debt;  to 
provide  for  the  common  defence,  and  for  such  other  pur- 
poses as  are  specified  in  the  grant  of  powers. 

•21.  In  cases  of  necessity,  private  ways  may  be  granted 
upon  just  compensation  being  first  paid;  and  with  this 
exception,  private  property  shall  not  be  taken  except  for 
public  use;  and  then,  only  upon  just  compensation;  such 
compensation,  except  in  cases  of  pressing  necessity,  to  be 
first  provided  and  paid. 

22.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers  and  effects,  against  unreasonable 
searches  and  seizures,  shall  not  be  violated ;  and  no  war- 
rant shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
or  places  to  be  searched,  and  the  persons  and  things  to  be 
seized. 

23.  Martial  law  shall  not  be  declared,  except  in  cases  of 
extreme  necessity. 

24.  Large  standing  armies,  in  time  of  peace,  are  danger- 
ous to  liberty. 

25.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner  ;  nor  in  time 
of  war,  but  in  a  manner  prescribed  by  law. 

26.  The  person  of  a  debtor  shall  not  be  detained  in 
prison  after  delivering  bona  fid-e  all  his  estate  for  the  use 
of  his  creditors. 

27.  The  enumeration  of  rights  herein  contained  shall  not 
be  construed  to  deny  to  the  people  any  inherent  rights 
which  they  have  hitherto  enjoyed. 

23.  This  declaration  is  a  part  of  this  Constitution,  and 
shall  never  be  violated  on  any  pretence  whatever. 

ARTICLE  II. 
Section  1. 

1.  The  Legislative,  Executive  and  Judicial  departments, 
shall  be  distinct;  and  each  department  shall  be  confided  to 
a  separate  body  of  magistracy.    No  person  or  collection  of 


288  JOURNAL  OF  THE 

persons,  being  of  one  department,  shall  exercise  any  power 
properly  attached  to  either  of  the  others;  except  in  cases 
herein  expressly  provided. 

2.  The  Legislative  power  shall  be  vested  in  a  General 
Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Kepresentatives. 

3.  The  meeting  of  the  General  Assembly  shall  be  annual, 
and  on  the  first  Wednesday  in  November,  until  such  day  of 
meeting  shall  be  altered  by  law.  A  majority  of  each  House 
shall  constitute  a  quorum  to  transact  business ;  but  a 
smaller  number  may  adjourn  from  day  to  day,  and  compel 
the  attendance  of  their  members  in  such  manner  as  each 
House  shall  prescribe.  No  session  of  the  General  Assem- 
bly shall  continue  for  more  than  forty  days,  unless  the  same 
shall  be  done  by  a  vote  of  two-thirds  of  each  branch  thereof 

4.  The  compensation  of  the  members  and  officers  of 
the  General  Assembly  shall  be  fixed  by  law,  at  the  first 
session,  subsequent  to  the  adoption  of  this  Constitution  : 
and  the  same  shall  not  be  increased  so  as  to  affect  the  com- 
pensation of  the  members  or  officers  of  the  Assembly  by 
which  the  increase  is  adopted. 

5.  No  person  holding  any  military  commission  or  other 
appointment,  having  any  emolument  or  compensation  annex- 
ed thereto,  under  this  State  or  the  Confederate  States,  or 
either  of  them,  (except  Justices  of  the  Inferior  Court, 
Justices  of  the  Peace  and  officers  of  the  militia),  nor  any 
defaulter  for  public  money,  or  for  legal  taxes  required  of 
him,  shall  have  a  seat^in  either  branch  of  the  General  As- 
sembly ;  nor  shall  any  Senator  or  Bepresentative,  after  his 
qualification  as  such,  be  elected  to  any  office  or  appoint- 
ment by  the  General  Assembly  having  any  emoluments  or 
compensation  annexed  thereto,  during  the  time  for  which 
he  shall  have  been  elected. 

6.  No  person  convicted  of  any  felony  before  any  Court 
of  this  State,  or  of  the  Confederate  States,  shall  be  eligible 
to  any  office|or  appointment  of  honor,  profit  or  trust,  with- 
in this  State. 

7.  No  person  who  is  a  collector  or  holder  of  public 
money,  shall  be  eligible  to  any  office  in  this  State,  until 
the  same  ^accounted  for  and  paid  into  the  Treasury. 


GEORGIA   CONVENTION.  289 

■  *  . 

Section  2. 

1.  The  Senate  shall  consist  of  forty-four  members,  one  to 
be  chosen  from  each  senatorial  district,  which  district  shall 
be  composed  of  three  contiguous  counties.  If  a  new  county 
is  established,  it  shall  be  added  to  a  district  which  it  adjoins 
until  there  shall  be  another  arrangement  of  the  senatorial 
districts.  The  senatorial  districts  shall  not  be  changed 
except  when  a  new  census  shall  have  been  taken. 

2.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  age  of  twenty-five  years,  and  be  a  citizen  of 
the  Confederate  States,  and  have  been  for  three  years  an  in- 
habitant of  this  State,  and  for  one  year  a  resident  of  the  dis- 
trict from  which  he  is  chosen. 

3.  The  presiding  officer  shall  be  styled  the  President  &§: 
the  Senate,  and  shall  be  elected  viva  voce  from  their  own- 
body. 

4.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments.   When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation;  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  members  pres- 
ent.   Judgment,  in  cases  of  impeachment,  shall  not  extendi 
further  than  removal  from  office  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  profit  or  trust  within  this 
State  ;  but  the  party  convicted  shall,  nevertheless,  be  liable 
and  subject  to  indictment,  trial,  judgment  and  punishment 
according  to  law. 

Section  3. 

1.  The  House  of  Representatives  shall  be  composed  as  fol- 
lows: The  thirty-seven  counties  having  the  largest  repre- 
sentative population  shall  have  two  Representatives  each.. 
Every  other  county  shall  have  one  Representative.  The  des- 
ignation of  the  counties  having  two  Representatives  shall 
be  made  by  the  General  Assembly  immediately  atter  the- 
taking  of  each  census. 

2.  No  person  shall  be  a  Representative  who  shall  not 
have  attained  to  the  age  of  twenty-one  years,  and  be  a  citi- 
zen of  the  Confederate  States,  Mid  have  been  for  three  years 
an  inhabitant  of  this  State,  and  for  one  year  a  resident  of 
the  county  which  he  represents. 

19 


290  JOURNAL  OF  THE 

*  •  *      ,  4m* . 

3.  The  presiding  officer  of  the  House  of  Representatives 
shall  be  styled  the  Speaker,  and  shall  be  elected  viva  voce 
from  their  own  body. 

4.  They  shall  have  the  sole  power  to  impeach  all  persons 
who  have  been  or  may  be  in  office. 

5.  All  bills  for  raising  revenue,  or  appropriating  money  ? 
shall  originate  in  the  House  of  Representatives ;  but  the 
Senate  may  propose  or  concur  in  amendments,  as  in  other 
bills. 

Section  4. 

2  •  Each  House  shall  be  the  judge  of  the  election,  returns, 
and  qualifications  of  its  own  members  ;  and  shall  have  pow- 
er to  punish  them  for  disorderly  behavior  or  mis-conduct,by 
censure,  fine,  imprisonment  or  expulsion  ;  but  no  member 
shall  be  expelled  except  by  a  vote  of  two-thirds  of  the  House 
from  which  he  is  expelled. 

%  Each  House  may  punish,  by  imprisonment  not  extend- 
ing beyond  the  session,  any  person  not  a  member,  who  shall 
be  guilty  of  a  contempt,  by  any  disorderly  behavior  in  its 
presence  ;  or  who,  during  the  session,  shall  threaten  injury 
to  the  person  or  estate  of  any  member,  for  anything  said  or 
done  in  either  House  ;  or  who  shall  assault  any  member 
therefor ;  or  who  shall  assault  or  arrest  any  witness  going 
to  or  returning  therefrom  ;  or  who  shall  rescue,  or  attempt 
to  rescue,  any  person  arrested  by  order  of  either  House. 

3.  The  members  of  both  Houses  shall  be  free  from  arrest  , 
during  their  attendance  on  the  General  Assembly,  and  in  go- 
ing to  and  returning  therefrom,  except  for  treason,  felony,  or 
breach  of  the  peace.  And  no  member  shall  be  liable 
to  answer,  in  any  other  place,  for  anything  spoken  in  debate 
in  either  House. 

4.  Each  House  shall  keep  a  journal  of  its  proceedings,and 
publish  them  immediately  after  its  adjournment.  The  yeas 
and  nays  of  the  members  on  any  question,  shall,  at  the  de- 
sire of  one-fifth  of  the  members  present,  be  entered  on  the 
journals.  The  original  journals  shall  be  preserved  (after 
publication)  in  the  office  of  the  Secretary  of  State  ;  but  there 
shall  be  no  other  record  thereof. 

5.  Every  bill,  before  it  shall  pass,  shall  be  read  three  time^ 


G-EOEGIa  CONVENTION.  291 

•and  on  three  separate  and  distinct  days  in  each  House,  un- 
less in  cases  of  actual  invasion  or  insurrection.  Nor  shall 
any  law  or  ordinance  pass  which  refers  to  more  than  one 
subject  matter,  or  contains  matter  different  from  what  is 
expressed  in  the  title  thereof. 

6.  All  Acts  shall  he  signed  by  the  President  of  the  Senate 
and  the  Speaker  of  the  House  of  Representatives;  and  no 
bill,  ordinance,  or  resolution  intended  to  have  the  effect  of 
law,  which  shall  have  been  rejected  by  either  House,  shall 
be  again  proposed  under  the  same  or  any  other  title,  with- 
out the  consent  of  two-thirds  of  the  House  by  which  the 
same  was  rejected. 

7.  Neither  House  shall  adjourn  for  more  than  three  days, 
nor  to  any  other  place,  without  the  consent  of  the  other  : 
and  in  case  of  disagreement  between  the  two  Houses,  on  a 
question  of  adjournment,  the  Governor  may  adjourn  them. 

S.  Every  Senator  and  Representative,  before  taking  his 
seat,  shall  take  an  oath  or  afhrmation  to  support  the  Consti- 
tution of  the  Confederate  States  and  of  this  State  ;  and  also, 
that  he  hath  not  practiced  any  unlawful  means,  either  di- 
rectly or  indirectly,  to  procure  his  election.  And  every  per- 
son convicted  of  having  given  or  offered  a  bribe,  shall  be 
disqualified  from  serving  as  a  member  of  either  House  for 
the  term  for  which  he  was  elected. 

9.  "Whenever  this  Constitution  requires  an  Act  to  be  pass- 
ed by  two-thirds  of  both  Houses,  the  yeas  and  nays  on  the 
passage  thereof  shall  be  entered  on  the  journals  of  each. 

Section  5. 

1.  The  General  Assembly  shall  have  power  to  make  all 
laws  and  ordinances,  consistent  with  this  Constitution  and 
not  repugnant  to  the  Constitution  of  the  Confederate  States, 
which  they  shall  deem  neceesary  and  proper  for  the  welfare 
of  the  State. 

2.  They  may  alter  the  boundaries  of  counties,  and  lay  off" 
and  establish  new  counties :  but  every  bill  to  establish  a  new 
county  shall  be  passed  by  at  least  two-thirds  of  the  mem- 
bers present,  in  each  branch  of  the  General  Assem- 
bly. 

3.  They  shall  provide  for  the  taking  of  a  census  or  enu- 


292  JOURNAL  OF  THE 

meration  of  the  people  of  this  State,  at  regular  decades 
of  years,  commencing  at  such  times  as  they  may  prescribe. 

4.  The  General  Assembly  shall  have  power  to  appropriate 
money  for  the  promotion  of  learning  and  science,  and  to 
provide  for  the  education  of  the  people. 

5.  The  General  Assembly  shall  have  power  by  a  vote  of 
two-thirds  of  each  branch,  to  grant  pardons  in  cases  of  final 
conviction  for  treason,  and  to  pardon  or  commute  in  cases 
of  final  conviction  for  murder. 

Section  6. 

1.  The  General  Assembly  shall  have  no  power  to  grant 
corporate  powers  and  privileges  to  private  companies,  ex- 
cept to  banking,  insurance,  railroad,  canal,  plank  road,  navi- 
gation, mining,  express,  lumber,  and  telegraph  companies ; 
nor  to  make  or  change  election  precincts ;  nor  to  establish 
bridges  and  ferries;  nor  to  change  names,  or  legitimate 
children;  bat  shall  by  law  prescribe  the  manner  in  which 
such  power  shall  be  exercised  by  the  Courts.  But  no  bank 
charter  shall  be  granted  or  extended,  and  no  Act  passed  au- 
thorizing the  suspension  of  specie  payment  by  any  chartered 
bank,  except  by  a  vote  of  two-thirds  of  each  branch  of  the 
General  Assembly. 

2.  No  money  shall  be  drawn  from  the  Treasury  of  this 
State,  except  by  appropriation  made  by  law  ;  and  a  regular 
statement  and  account  of  the  receipt  and  expenditure  of  all 
public  money  shall  be  published  from  time  to  time. 

3.  No  vote,  resolution,  law  or  order  shall  pass,  granting 
a  donation  or  gratuity  in  favor  of  any  person,  except  by  the 
concurrence  of  two-thirds  of  the  General  Assembly. 

4.  No  law  shall  be  passed  by  which  a  citizen  shall  be 
compelled,  directly  or  indirectly,  to  become  a  stockholder 
in,  or  contribute  to  a  rail  road  or  other  work  of  internal 
improvement,  without  his  consent ;  except  the  inhabitants 
of  a  corporate  town  or  city.  This  provision  shall  not  be 
construed  to  deny  the  power  of  taxation  for  the  purpose 
of  making  levees  or  dams  to  prevent  the  overflow  of 
rivers. 


GEORGIA  CONVENTION. 


293 


Section  7. 

1.  The  importation  or  introduction  of  negroes  from  any 
foreign  country,  other  than  the  slave-holding  States  or 
Territories  of  the  United  States  of  America,  is  forever  pro- 
hibited. 

2.  The  General  Assembly  may  prohibit  the  introduc- 
tion of  negroes  from  any  State ;  but  they  shall  have  no 
power  to  prevent  immigrants  from  bringing  their  slaves 
with  them. 

3.  The  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves. 

4.  Any  person  who  shall  maliciously  kill  or  maim  a  slave, 
shall  suffer  such  punishment  as  would  be  inflicted  in  case 
the  like  offence  had  been  committed  on  a  free  white  person. 

ARTICLE  III. 
Section  1. 

1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  during  the  term  of  two  years,  and 
until  such  time  as  a  successor  shall  be  chosen  and  qualified. 
He  shall  have  a  competent  salary  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  the  period  for  which 
he  shall  have  been  elected  ;  neither  shall  he  receive,  within 
that  period,  any  other  emolument  from  the  Confederate 
States,  or  either  of  them,  or  from  any  foreign  power. 

2.  The  Governor  shall  be  elected  by  the  persons  quali- 
fied to  vote  for  members  of  the  General  Assembly,  on  the 
first  Wednesday  in  October,  in  the  year  of  our  Lord  1S61 ; 
and  on  the  first  Wednesday  in  October  in  every  second 
year  thereafter,  until  such  time  be  altered  by  law ;  which 
election  shall  be  held  at  the  places  of  holding  general 
elections,  in  the  several  counties  of  this  State,  in  the  man- 
ner prescribed  for  the  election  of  members  of  the  General 
Assembly.  The  returns  for  every  election  of  Governor 
shall  be  sealed  up  by  the  managers,  separately  from  other 
returns,  and  directed  to  the  President  of  the  Senate  and 
Speaker  of  the  House  of  Representatives ;  and  transmitted 
to  the  Governor,  or  the  person  exercising  the  duties  of 
Governor  for  the  time  being;  who  shall,  without  opening 
the  said  returns,  cause  the  same  to  be  laid  before  the  Sen- 


294 


JOURNAL  OF  THE 


ate,  on  the  day  after  the  two  houses  shall  have  been  or- 
ganized ;  and  they  shall  be  transmitted  by  the  Senate  to 
the  House  of  Representatives.  The  members  of  each 
branch  of  the  General  Assembly  shall  convene  in  the  Rep- 
resentative chamber,  and  the  President  of  the  Senate,  and 
the  Speaker  of  the  House  of  Representatives,  shall  open 
and  publish  the  returns  in  presence  of  the  General  Assem- 
bly ;  and  the  person  having  the  majority  of  the  whole 
number  of  votes  given  in,  shall  be  declared  duly  elected 
Governor  of  this  State;  but  if  no  person  have  such  ma- 
jority, then  from  the  two  persons  having  the  highest  num- 
ber of  votes,  who  shall  be  in  life,  and  shall  not  decline  an 
election  at  the  time  appointed  for  the  Legislature  to  elect, 
the  General  Assembly  shall  immediately  elect  a  Governor 
viva  voce ;  and  in  all  cases  of  election  of  a  Governor  by  the 
General  Assembly,  a  majority  of  the  votes  of  the  members 
present  shall  be  necessary  for  a  choice.  Contested  elec- 
tions shall  be  determined  by  both  Houses  of  the  General 
Assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  Governor 
who  shall  not  have  been  a  citizen  of  the  Confederate  States 
twelve  years,  and  an  inhabitant  of  this  State  six  years,  and 
who  hath  not  attained  the  age  of  thirty  years. 

4.  In  case  of  the  death,  resignation,  or  disability  of  the 
Governor,  the  President  of  the  Senate  shall  exercise  the 
executive  powers  of  the  government  until  such  disability 
be  removed,  or  a  successor  is  elected  and  qualified.  And  in 
case  of  the  death,  resignation,  or  disability  of  the  Presi- 
dent of  the  Senate,  the  Speaker  of  the  House  of  Repre- 
sentatives shall  exercise  the  executive  power  of  the  gov- 
ernment until  the  removal  of  the  disability  or  the  election 
and  qualification  of  a  Governor. 

5.  The  Governor  shall,  before  he  enters  on  the  duties  of 
his  office,  take  the  following  oath  or  affirmation :  "I  do 
solemnly  swear  or  affirm  (as  the  case  may  be,)  that  I  will 
faithfully  execute  the  office  of  Governor  of  the  State  of 
Georgia;  and  will,  to  the  best  of  my  abilities,  preserve, 
protect  and  defend  the  constitution  thereof." 


georgia  convention.  295 
Section  2. 

1.  The  Governor  shall  be  Commander-in-Chief  of  the 
army  and  navy  of  this  State,  and  of  the  militia  thereof. 

2.  He  shall  have  power  to  grant  reprieves  for  offences 
against  the  State,  except  in  cases  of  impeachment,  and  to 
grant  pardons,  or  to  remit  any  part  of  a  sentence,  in  all 
cases  after  conviction,  except  for  treason  or  murder,  in 
which  cases  he  may  respite  the  execution,  and  make  report 
thereof  to  the  next  General  Assembly. 

3.  He  shall  issue  writs  of  elections  to  fill  vacancies  that 
happen  in  the  Senate  or  House  of  Representatives,  and 
shall  have  power  to  convene  the  General  Assembly  on 
extraordinary  occasions  ;  and  shall  give  them,  from  time  to 
time,  information  of  the  state  of  the  republic,  and  recom- 
mend to  their  consideration  such  measures  as  he  may  deem 
necessary  and  expedient. 

4.  When  any  office  shall  become  vacant  by  death,  resig- 
nation, or  otherwise,  the  Governor  shall  have  power  to  fill 
such  vacancy  unless  otherwise  provided  for  by  law  ;  and 
persons  so  appointed  shall  continue  in  office  until  a  successor 
is  appointed  agreeably  to  the  mode  pointed  out  by  this 
Constitution,  or  by  law  in  pursuance  thereof. 

5.  A  person  once  rejected  by  the  Senate  shall  not  be  re- 
appointed by  the  Governor  to  the  same  office  during  the 
same  session  or  the  recess  thereafter. 

6.  The  Governor  shall  have  the  revision  of  all  bills  pass- 
ed by  both  Houses,  before  the  same  shall  become  laws,  but 
two-thirds  of  each  House  may  pass  a  law  notwithstanding 
his  dissent;  and  if  any  bill  should  not  be  returned  by  the 
Governor  within  five  days  (Sundays  excepted)  after  it  has 
been  presented  to  him,  the  same  shall  be  a  law,  unless  the 
General  Assembly,  by  their  adjournment,  shall  prevent  its 
return.  He  may  approve  any  appropriation  and  disapprove 
any  other  appropriation  in  the  same  bill,  and  the  latter 
shall  not  be  effectual  unless  passed  by  two-thirds  of 
each  House. 

7.  Every  vote,  resolution,  or  order,  to  which  the  concur- 
rence of  both  Houses  may  be  necessary,  except  on  &  ques- 
tion of  election  or  adjournment,  shall  be  presented  to  the 
Governor;  and  before  it  shall  take  effect,  be  approved  by  him, 
or  being  disapproved,  shall  be  re-passed  by  two-thirds  of 


296  JOURNAL  OF  THE 

each  House,  according  to  the  rules  and  limitations  pre- 
scribed in  case  of  a  bill. 

8.  There  shall  be  a  Secretary  of  State,  a  Comptroller 
General,  a  Treasurer,  and  Surveyor-General,  elected  by  the 
General  Assembly,  and  they  shall  hold  their  offices  for  the 
like  period  as  the  Governor,  and  shall  have  a  competent 
salary,  which  shall  not  be  increased  or  diminished  during 
the  period  for  which  they  shall  have  been  elected.  The 
General  Assembly  may  at  any  time  consolidate  any  two  of 
these  offices,  and  require  all  the  duties  to  be  discharged  by 
one  officer. 

9.  The  great  seal  of  the  State  shall  be  deposited  in  the 
-office  of  the  Secretary  of  State,  and  shall  not  be  affixed  to 
any  instrument  of  writing,  but  by  order  of  the  Governor 
or  General  Assembly  ;  and  the  General  Assembly  shall,  at 
their  first  session,  after  the  rising  of  this  convention,  by 
law  cause  the  great  seal  to  be  altered. 

10.  The  Governor  shall  have  power  to  appoint  his  owa 
Secretaries,  not  exceeding  two  in  number. 

ARTICLE  IV. 
Section  1. 

1.  The  Judicial  powers  of  this  State  shall  be  vested  in 
a  Supreme  Court  for  the  correction  of  errors,  a  Superior,  In- 
ferior, Ordinary  and  Justices'  Courts,  and  in  such  other 
courts  as  have  been  or  may  be  established  by  law. 

2.  The  Supreme  Court  shall  consist  of  three  Judges,  who 
shall  be  appointed  by  the  Governor  with  the  advice  and 
consent  of  two-thirds  of  the  Senate,  for  such  term  of  years 
as  shall  be  prescribed  by  law,  and  shall  continue  in  office 
until  their  successors  shall  be  appointed  and  qualified,  remov- 
able by  the  Governor  on  the  address  of  two-thirds  of  each 
branch  of  the  General  Assembly,  or  by  impeachment  and 
conviction  thereon. 

3.  The  said  Court  shall  have  no  original  jurisdiction,  but 
shall  be  a  court  alone  for  the  trial  and  correction  of  errors 
in  law  and  equity  from  the  Superior  Courts  of  the  several 
circuits,  and  shall  sit  at  least  once  a  year,  at  a  time  pre- 
scribed by  law,  in  each  of  one  or  more  judicial  districts, 
designated  by  the  General  Assembly  for  that  purpose,  at 


GEORGIA  CONVENTION. 


297 


such  point  in  each  district  as  shall  by  the  General  Assem- 
bly be  ordained,  for  the  trial  and  determination  of  writs  of 
error  from  the  several  Superior  Courts  included  in  such  ju- 
dicial districts. 

4.  The  said  Court  shall  dispose  of  and  finally  determine 
every  case  on  the  docket  of  such  Court  at  the  first  or  second 
term  after  such  writ  of  error  brought ;  and  in  case  the 
plaintiff  in  error  shall  not  be  prepared  at  the  first  term  of 
such  Court  after  error  brought,  to  prosecute  the  case,  un- 
less precluded  by  some  providential  cause  from  such  prose- 
cution, it  shall  be  stricken  from  the  docket,  and  the  judg- 
ment below  shall  stand  affirmed. 

Section  2. 

1.  The  Judges  of  the  Superior  Courts  shall  be  appointed 
in  the  same  manner  as  Judges  of  the  Supreme  Court  from 
the  circuits  in  which  they  are  to  serve,  for  the  term  of  four 
years,  and  shall  continue  in  office  until  their  successors  shall 
be  appointed  and  qualified,  removable  by  the  Governor  on 
the  address  of  two-thirds  of  each  branch  of  the  General 
Assembly,  or  by  impeachment  and  conviction  thereon. 

2.  The  Superior  Court  shall  have  exclusive  jurisdiction 
in  all  cases  of  divorce,  both  total  and  partial ;  but  no  total 
divorce  shall  be  granted,  except  on  the  concurrent  verdicts 
of  two  special  juries.  In  each  divorce  case,  the  Court  shall 
regulate  the  rights  and  disabilities  of  the  parties. 

3.  The  Superior  Court  shall  also  have  exclusive  jurisdic- 
tion in  all  criminal  cases,  except  as  relates  to  people  of  col- 
or, fines  for  neglect  of  duty,  contempts  of  Court ;  violations 
of  road  laws,  and  obstructions  of  water  courses,  jurisdic- 
tion of  which  shall  be  vested  in  such  judicature  or  tribunal 
as  shall  be  or  may  have  been  pointed  out  by  law  ;  and  ex- 
cept in  all  other  minor  offences  committed  by  free  white 
persons,  and  which  do  not  subject  the  offender  or  offenders 
to  loss  of  life,  limb  or  member,  or  to  confinement  in  the 
penitentiary  ;  in  all  such  cases,  Corporation  Courts,  such  as 
now  exist,  or  may  hereafter  be  constituted,  in  any  incorpo- 
rated city,  or  town,  may  be  vested  with  jurisdiction,  under 
such  rules  and  regulations  as  the  Legislature  may  hereafter 
by  law  direct. 

4.  All  criminal  cases  shall  be  tried  in  the  county  where 


298  JOURNAL   OF  THE 

the  crime  was  committed,  except  in  cases  where  a  jury  can- 
not be  obtained. 

5.  The  Superior  Court  shall  have  exclusive  jurisdiction 
in  all  cases  respecting  titles  to  land,  which  shall  be  tried  in 
the  county  where  the  land  lies.  And  also  in  all  equity 
causes  which  shall  be  tried  in  the  county  where  one  or  more 
of  the  defendants  reside,  against  whom  substantial  relief  is 
prayed. 

6.  It  shall  have  appellate  jurisdiction  in  all  such  cases  as 
may  be  provided  by  law. 

7.  It  shall  have  power  to  correct  errors  in  inferior  judi- 
catories by  writ  of  certiorari,  and  to  grant  new  trials  in  the 
Superior  Court  on  proper  and  legal  grounds. 

8.  It  shall  have  power  to  issue  writs  of  mandamus,  pro- 
hibition,  scire  facias,  and  all  other  writs  which  may  be  ne- 
cessary for  carrying  its  powers  fully  into  effect. 

9.  The  Superior  and  Inferior  Courts  shall  have  concur- 
rent jurisdiction  in  all  other  civil  causes;  which  shall  be 
tried  in  the  county  where  the  defendant  resides. 

10.  In  cases  of  joint  obligors,  or  joint  promissors  or  co- 
partners, or  joint  trespassers  residing  in  different  counties, 
the  suit  may  be  brought  in  either  county. 

11.  Incase  of  a  maker  and  indorser  or  indorsers  of  pro- 
missory notes  residing  in  different  counties  in  this  State, 
the  same  may  be  sued  in  the  county  where  the  maker  re- 
sides. 

12.  The  Superior  and  Inferior  Courts  shall  sit  in  each 
county  twice  in  every  year,  at  such  stated  times  as  have 
been  or  may  be  appointed  by  the  General  Assembly. 

Section  3. 

1.  The  judges  shall  have  salaries  adequate  to  their  send- 
ees fixed  by  law,  which  shall  not  be  diminished  during  their 
continuance  in  office  ;  but  shall  not  receive  any  other  per- 
quisites or  emoluments  whatever,  from  parties  or  others,  on 
account  of  any  duty  required  of  them. 

2.  There  shall  be  a  State's  Attorney  and  Solicitors  ap- 
pointed in  the  same  manner  as  the  Judges  of  the  Supreme 
Court  and  commissioned  by  the  Governor  ;  who  shall 
hold  their  offices  for  the  term  of  four  years,  or  until  their  suc- 
cessors shall  be  appointed  and  qualified,  unless  removed  by 


GEORGIA  CONVENTION. 


299 


sentence  on  impeachment,  or  by  the  Governor,  on  the  ad- 
dress of  two-thirds  of  each  branch  of  the  General  Assembly. 
They  shall  have  salaries  adequate  to  their  services  fixed  by 
law,  which  shall  not  be  diminished  during  their  continuance 
in  office. 

•3.  The  Justices  of  the  Inferior  Courts  shall  be  elected  in 
each  county  by  the  persons  entitled  to  vote  for  members  of 
the  General  Assembly. 

4.  The  Justices  of  the  Peace  shall  be  elected  in  each  dis- 
trict by  the  persons  entitled  to  vote  for  members  of  the  Gen- 
eral Assembly. 

5.  The  powers  of  a  Court  of  Ordinary  and  of  Probate, 
shall  be  vested  in  an  Ordinary  for  each  county,  from  whose 
decisions  there  may  be  an  appeal  to  the  Superior  Court, 
under  regulations  prescribed  by  law.  The  ordinary  shall  be 
ex  officio  clerk  of  said  Court,  and  may  appoint  a  deputy-clerk. 
The  ordinary,  as  clerk,  or  his  deputy,  may  issue  citations 
and  grant  temporary  letters  of  administration,  to  hold  until 
permanent  letters  are  granted ;  and  said  ordinary,  as  clerk, 
or  his  deputy,  may  grant  marriage  licenses.  The  ordinaries 
in  and  for  the  respective  counties  shall  be  elected,  as  other 
county  officers  are,  on  the  first  Wednesday  in  January,  1S64, 
and  every  fourth  year  thereafter,  and  shall  be  commissioned 
by  the  Governor  for  the  term  of  four  years.  In  case  of  any 
vacancy  of  said  office  of  ordinary,  from  any  cause,  the  same 
shall  be  filled  by  election,  as  is  provided  in  relation  to  other 
county  officers,  and  until  the  same  is  filled,  the  clerk  of  the 
Superior  Court  for  the  time  being  shall  act  as  clerk  of  said 
Court  of  Ordinary. 

ARTICLE  V. 

1.  The  electors  of  Members  of  the  General  Assembly  shall 
be  free  white  male  citizens  of  this  State  ;  and  shall  have  at- 
tained the  age  of  twenty-one  years  ;  and  have  paid  all  taxes 
which  may  have  been  required  of  them,  and  which  they  have 
had  an  opportunity  of  paying,  agreeably  to  law,  for  the  year 
preceding  the  election;  and  shall  have  resided  six  months 
within  the  district  or  county. 

2.  All  elections,  by  the  General  Assembly,  shall  be  viva 
voce  and  when  the  Senate  and  House  of  Representatives 


300 


JOURNAL  OF  THE 


unite  for  the  purpose  of  electing,  they  shall  meet  in  the 
Representative  chamber,  and  the  President  of  the  Senate 
shall  in  such  cases  preside,  and  declare  the  person  or  persons 
elected. 

3.  In  all  elections  by  the  people,  the  electors  shall  vote 
by  ballot,  until  the  General  Assembly  shall  otherwise 
direct. 

4.  All  civil  officers  shall  continue  in  the  exercise  of  the 
duties  of  their  several  offices,  during  the  periods  for  which 
they  were  appointed,  or  until  they  shall  be  superseded  by 
appointments  made  in  conformity  with  this  Constitution; 
and  all  laws  now  in  force  shall  continue  to  operate,  so  far 
as  they  are  compatible  with  this  Constitution,  until  they 
shall  expire,  be  altered  or  repealed  ;  and  it  shall  be  the  duty 
of  the  General  Assembly  to  pass  all  necessary  laws  and  reg- 
ulations for  carrying  this  Constitution  into  full  effect. 

5.  All  militia  and  county  officers  shall  be  elected  by  the 
people  in  such  manner  as  the  General  Assembly  may  by  law 
direct. 

6.  This  Constitution  shall  be  amended  only  by  a  Conven- 
tion of  the  people  called  for  that  purpose. 

7.  This  Constitution  shall  not  take  effect  until  the  same  is 
ratified  by  the  people.  And  to  this  end,  there  shall  be  an 
election  held  at  all  the  places  of  public  election  in  this  State, 
on  the  first  Tuesday  in  July,  1S61,  when  all  the  citizens  of 
this  State  entitled  to  vote  for  Governor,  shall  cast  their  bal- 
lots either  for  "  Ratification  "  or  "  No  Ratification."  The 
election  shall  be  conducted  in  the  same  manner  as  general 
elections,  and  the  returns  shall  be  made  to  the  Governor. 
If  a  majority  of  the  votes  cast  shall  be  for  Ratification,  the 
Governor  shall  by  proclamation,  declare  this  Constitution 
adopted  by  the  people.  But  if  for  No  Ratification,  that  fact 
shall  be  proclaimed  by  the  Governor,  and  this  Constitution 
shall  have  no  effect  whatever. 

Done  in  Convention  of  the  Delegates  of  the  people  of  the 
State  of  Georgia,  at  Savannah,  on  the  23rd  day  of  March,  in 
the  year  of  our  Lord  eighteen  hundred  and  sixty-  one. 

In  testimony  whereof  the  President  of  said  Convention 


GEORGIA  CONVENTION.  301 

has  hereunto  set  his  hand,  and  caused  the  same  to  be  attest- 
ed by  the  secretary  thereof. 

■ 

The  Report  was  taken  up,  read,  and  unanimously 
adopted — and  was  then  signed  by  the  President. 

Mr.  Cobb  offered  the  following  Resolution,  which  was 
taken  up,  read,  and  adopted: 

Resolved,  That  the  Governor  shall,  by  Proclamation,  call 
on  the  proper  officers,  to  hold  the  election  required  by  the 
Constitution. 

Mr.  Briscoe,  from  the  committee  on  Enrollment,  made 
the  following 

REPORT: 

Mr.  President:  The  committee  on  Enrollment  report  as 
duly  enrolled  and  ready  for  the  signature  of  the  President, 
the  following  Ordinances,  to-wit : 

- 

AN  ORDINANCE, 

To  pay  the  Volunteer  force  now  employed  in  the  ser- 
vice of  the  State.  Also, 

AN  ORDINANCE, 

To  alter  and  fix  the  time  of  electing  the  Governor  and 
members  of  the  General  Assembly.  Also, 

AN  ORDINANCE, 

To  organize  the  Congressional  Districts  of  the  State,  and 
for  other  purposes. 

AN  ORDINANCE, 

To  define  the  number  of  men  who  shall  compose  a  Com- 
pany, in  the  two  regular  Regiments  of  Infantry. 

AN  ORDINANCE, 

To  define  the  extent  of  duration  of  the  Ordinances  passed 
by  this  Convention. 


302 


JOURNAL  OF  THE 


Also  the  following  Resolutions : 

Resolutions  for  the  transfer  of  the  troops  of  the  State, 
to  the  Government  of  the  Confederate  States. 

Resolutions  relative  to  continuance  of  Provisional  Gov- 
ernment, &c. 

All  of  which  were  signed  by  the  President  and  trans- 
mitted to   the  office  of  the  Secretary  of  State. 

Luther  J.  Glenn.  Esq.,  the  Commissioner  on  the  part  of 
Georgia  to  the  State  of  Missouri,  briefly  addressed  the 
Convention,  upon  the  subject  of  his  mission  to  that  State, 
and  asked  leave  to  report  in  writing,  and  that  said  Report 
be  printed  in  the  Appendix  to  the  Journal  of  the  Conven- 
tion. 

The  leave  asked  for  was  granted, 

Mr.  Hood  then  moved  that  the  Convention  do  adjourn 
mie  die. 

The  motion  prevailed. 

Whereupon,  the  President  remarked,  that  UA  man  must 
be  insensible  to  the  social  sympathies  with  which  he 
is  surrounded,  not  to  feel  and  appreciate  the  approval 
by  others  of  his  conduct  ;  secordary  only  to  the  con- 
sciousness of  rectitude,  which  usually  is  less  in  act  than 
intention.  Yielding  to  this  influence,  so  congenial  with 
our  better  nature,  I  can  only  offer  in  return  for  your  kind 
expression  as  to  the  manner  in  which  my  official  duties  have 
been  performed,  and  say  in  familiar,  yet  cordial  language, 
that  I  thank  you.  Joining  in  the  general  opinion,  and 
referring  to  my  own  observation  of  other  large  deliberative 
bodies,  I  venture  to  say,  that  I  have  seen  none,  which 
surpasses  this  Convention  in  general  decorum  and  all  the 
amenities  of  social  life.  Whatsoever  of  patriotic  devotion 
and  intellectual  strength  have  been  displayed  here,  may  be 
safely  trusted  to  the  judgments  of  men  of  distant  times. 

Indulge  me  with  a  short  retrospect  of  what  you  have 
done: 

When  first  assembled,  there  was  less  disagreement  as  to 
the  burthen  of  our  grievances  than  to  their  remedy,  and 
especially  as  to  the  time  of  its  application.  Happily, 
conciliation  produced  concord.    When  our  common  pat- 


GEORGIA  CONVENTION. 


303 


roness  spoke,  her  sons,  less  from  opinion  than  instinct, 
forgetful  of  the  past  and  mindful  of  the  future,  rallied  to 
the  rescue.  Clasping  each  other  with  a  fraternal  grasp, 
they  were  less  intent  on  sharing  in  the  glory  than  partici- 
pating in  a  common  peril  and  a  common  destiny.  Thus 
may  the  sons  of  Georgia  ever  be! 

You  have  overturned  a  government  which  had  become 
sectional  in  policy  and  sectional  in  hostility.  It  had  lost 
nationality,  and  the  first  requisite  of  every  government — 
that  of  protection  of  person  and  property.  True,  you 
have  overthrown  the  Federal  Union,  but  you  have  pre- 
served the  Federal  Constitution.  You  have  retained 
ancestral  wisdom  in  the  formation  of  your  government, 
separated  only  from  those  abuses  which  experience  has 
developed.  In  short,  you  have  effected  a  political  reform- 
ation. 

Like  your  ancestors,  you  commenced  with  a  few  leading 
ideas  or  principles.  They  may  be  epitomized  thus:  A 
right,  when  assailed,  must  be  either  defended  or  surren- 
dered, and  that  a  similarity  of  interest  must  produce  a 
similarity  of  action.  The  alternative  of  the  first  propo- 
sition you  have  chosen.  That  choice  must  and  will  be 
vindicated.  Of  the  second  you  have  made  an  election, 
which  your  experience  justifies  and  all  history  proves. 

In  the  revision  of  your  State  Constitution,  you  have,  in 
my  judgment,  improved  it  by  each  alteration  made  in  it. 
Whatever  may  have  been  heretofore  the  high  standard  of 
your  judges,  that  standard  will  be  advanced  still  higher  to 
independence  and  legal  attainments.  Keduction  of  the 
members  of  the  Legislature  may  not  have  gone  as  far  as 
many  others  have  desired;  still  as  a  thing,  per  sc,  it 
cannot  be  otherwise  than  acceptable.  In  all  such  matters, 
we  must  make  concessions. 

Nothing  remains,  after  bidding  you  a  cordial  adieu,  and 
wishing  to  each  a  safe  return  to  his  home,  but  to  declare 
as  I  now  do,  that  this  Convention  is  finally  adjourned." 

GEORGE  W.  CRAWFORD, 

President  of  the  Convention. 

A.  R.  Lamae, 

Secretary. 


APPENDIX. 

■ 

SOUTH  CAROLINA. 

Milledgevilee,  Geo..  16  January,  1S61. 
He/,.  George  TV.  Crenvjbrd, 

President  of  the  Georgia  State  Convention  : 

Sie  : — 

I  have  the  honor  to  enclose'  you  herewith  my  creden- 
tials as  Commissioner  from  the  Convention  of  the  people  of 
the  State  of  South  Carolina  to  the  Convention  of  the  peo- 
ple of  the  State  of  Georgia. 

In  execution  of  the  trust  confided  to  me.  I  also  enclose 
vou  a  copy  of  the  ordinance  of  secession  passed  by  the  Con- 
vention, on  the  "20th  of  December,  1S60. 

I  am  instructed  by  the  Convention  of  South  Carolina  to 
submit  to  the  Convention  of  Georgia,  "  as  the  basis  of  a 
provisional  government  for  such  States  as  shall  have  with- 
drawn from  their  connection  with  the  government  of  the 
United  States  of  America,  the  federal  Constitution,  provi- 
ded that  the  said  provisional  government  and  the  tenures  of 
all  officers  and  appointments  arising  under  it  shall  cease 
and  determine  in  two  years  from  the  1st  day  of  July  next, 
or  when  a  permanent  <zovernment  shall  have  been  organ- 
ized." 

I  am  likewise  instructed  to  ';  invite  the  seceding  States 
to  meet  in  convention  at  such  time  and  place  as  may  be 
agreed  upon  for  the  purpose  of  forming  and  putting  in  mo- 
tion such  provisional  government,  so  that  it  shall  be  organ- 
ized and  go  into  effect  at  the  earliest  period  previous  to  the 
4th  of  March,  1S61  ;  and  that  the  same  convention  shall 
then  proceed  forthwith  to  consider  and  propose  a  Constitu- 
tion and  plan  for  a  permanent  ffovernment  for  such  States, 
which  proposed  plan  shall  be  referred  back  to  the  several 
State  conventions  for  their  adoption  or  rejection." 

The  Convention  further  suggests  that  each  of  the  seced- 
20 


306  APPENDIX. 

ing  States  "  send  to  the  general  convention  as  many  depu- 
ties as  are  equal  in  number  to  the  number  of  Senators  and 
Representatives  to  which  it  was  entitled  in  the  Congress  of 
the  United  States." 

The  Convention  of  South  Carolina  have  elected  eight 
deputies  to  represent  them  in  the  general  convention,  but 
declined  to  indicate  either  time  or  place  for  its  meeting. 

The  State  of  Alabama  having  proposed  the  4th  of  Feb- 
ruary as  the  time  and  the  city  of  Montgomery  as  the  place 
for  the  assembling  of  the  general  convention,  I  feel  myself 
fully  authorized  to  say  that  the  time  and  place  will  be  en- 
tirely acceptable  to  the  Convention  of  South  Carolina. 

You  will  please  lay  before  the  Convention  this  communi- 
cation and  its  enclosures.  . 

I  have  the  honor  to  be,  sir,  very  respectfully, 
Your  obedient  servant, 

JAMES  L.  ORR, 
Com'r  from  South  Carolina. 

THE  STATE  OF  SOUTH  CAROLINA. 

Whereas,  James  L.  Orr  has  been  duly  elected  by  a  vote 
of  the  Convention  of  the  people  of  South  Carolina  to  act 
as  a  Commissioner  to  the  Convention  of  the  people  of  the 
State  of  Georgia,  and  the  said  Convention  of  the  people  of 
the  State  of  South  Carolina  has  ordered  the  Governor  of 
said  State  to  commission  the  said  James  L.  Orr:  Now, 
therefore,  I  do  hereby  commission  you,  the  said  James  L. 
Orr,  to  act  as  a  Commissioner  from  the  State  of  South  Car- 
olina in  Convention  assembled,  to  the  State  of  Georgia  in 
Convention  assembled,  to  confer  upon  the  subjects  entrusted 
to  your  charge. 

Witness,  His  Excellency,  Francis  W.  Pickens,  Gover- 
nor and  Commander-in-Chief  of  the  said  State,  this 
second  day  of  January  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  the  eighty- 
fifth  year  of  the  sovereignty  and  independence  of  the 
State  of  South  Carolina. 

F.  W.  PICKENS. 

By  the  Governor : 
James  A.  Duffus, 

Deputy  Secretary  of  State. 


appendix.  :]07 

The  State  of  South  Carolixa. 

At  a  Convention  of  the  People  of  the  State  of  South 
Carolina,  begun  and  holden  in  Columbia,  on  the  sev- 
enteenth clay  of  December,  in  the  year  of  our  Lord 
one  thousand  eiadit  hundred  and  sixty,  and  thence 
continued  by  adjuurnmenr  to  Charleston,  and  there, 
by  divers  adjournments,  to  the  twentieth  day  of 

December  in  the  same  year  : 

,« 

AX  ORDINANCE. 

To  dissolve  the  union  between  the  State,  of  South  Carolina 
and  other  States  united  with  her  under  the  compact  enti- 
tled ''the  Constitution  of  the  United  States  of  America." 
TVr,  Oin  People  of  the  S'ate  of  South  Carolina  tn  Convention 

assembled,  do  declare  and  ordain,  and  it  is  hereby  declared  and 

ordained, 

That  the  ordinance  adopted  by  us  in  Convention,  on  the 
twenty-third  day  of  Mav,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  eighty-eight,  whereby  the  Consti- 
tution of  the  United  States  of  America  was  ratified,  and 
also,  ail  acts  and  parts  of  acts  of  the  (ieneral  Assembly  of 
this  State,  ratifying  amendments  of  the  said  Constitution, 
are  hereby  repealed :  and  that  the  union  now  subsisting 
between  South  Carolina  and  other  States,  under  the  name 
the  United  States  of  America,  is  hereby  dissolved. 

Done  at  Charleston,  the  twentieth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty. 

D.  F.  JAMISON,  Pfmdent. 
Attest  :  B.  F.  Arthur,  Clerk. 


ybmer  of  John  Gill  SJiortrr,  Commissioner  of  Alabama,  to  the 
President  of  the  Georgia  Cemvcntionf] 

Mjlledgeville,  Geo.,  January  16,  1S61. 

Hon.  George  TV.  Crauford, 

President  of  the  Convention  of  the  State  of  Georgia  : 
Sir  : — 

I  have  the  honor  herewith  to  transmit  the  certificate  of 
my  appointment  as  Commissioner  from  the  State  of  Ala- 


308  APPENDIX. 

bama  to  the  Convention  of  the  State  of  Georgia,  and  also 
a  duly  authenticated  copy  of  the  ordinance  of  secession  and 
accompanying  resolutions  adopted  by  the  Convention  of 
Alabama,  on  the  11th  instant;  together  with  a  resolution 
of  the  Convention  concerning  my  instructions,  in  which  I 
am  particularly  directed  to  request  of  the  Convention  of  the 
State  of  Georgia  the  consideration  of  and  concurrence  in 
the  first  resolution  adopted  by  the  Convention  of  the  State 
of  Alabama,  inviting  the  people  of  Georgia  and  of  the  other 
Slaveholding  States  to  meet  the  people  of  Alabama,  by 
their  deldgates,  in  convention,  on  the  4th  day  of  February, 
1861,  at  the  city  of  Montgomery,  in  the  State  of  Alabama, 
for  the  purpose  of  consulting  with  each  other  as  to  the  most 
effectual  mode  of  securing  concerted  and  harmonious  action 
in  whatever  measures  may  be  deemed  most  desirable  for 
our  common  peace  and  security,  it  being  the  desired  pur- 
pose of  the  people  of  Alabama  to  meet  the  Slaveholding 
States,  who  may  approve  such  purpose,  in  order  to  frame  a 
provisional  as  well  as  a  permanent  government  upon  the 
principles  of  the  Constitution  of  the  United  States. 
I  have  the  honor  to  be,  with  high  consideration, 
Your  obedient  servant, 

JOHN  GILL  SHORTER, 

[Commission  of  John  Gill  Shorter  as  State  Commissioner  from 

Alabama.'] 

■ 

Executive  Department,  ) 
Montgomery,  Ala.  Dec,  21,  1860.  ) 

Whereas,  The  election  of  Abraham  Lincoln,  a  Black 
Republican,  to  the  Presidency  of  the  United  States,  by  a 
purely  sectional  vote,  and  by  a  party  whose  leading  and 
publicly  avowed  object  is  the  destruction  of  the  institution 
of  slavery  as  it  exists  in  the  Slaveholding  States ;  and 
whereas  the  success  of  said  party  and  the  power  which  it 
now  has  and  soon  will  acquire,  greatly  endanger  the  peace, 
interests,  security,  and  honor  of  the  Slaveholding  States, 
and  make  it  necessary  that  prompt  and  effective  measures 
should  be  adopted  to  avoid  the  evils  which  must  result  from 
a  Republican  administration  of  the  Federal  Government. 
And  as  the  interests  and  destiny  of  the  Slaveholding  States 


APPENDIX.  309 

are  the  same,  they  must  naturally  sympathise  with  each 
other ;  they,  therefore,  so  far  as  may  be  practicable,  should 
consult  and  advise  together  as  to  what  is  feest  to  be  done 
to  protect  their  mutual  interests  and  honor. 

Now,  therefore,  in  consideration  of  the  premises,  1,  An- 
drew B.  Moore,  Governor  of  the  State  of  Alabama,  by 
virtue  of  the  general  powers  in  me  vested,  do  hereby  con- 
stitute and  appoint  Hon.  John  Gill  Shorter,  a  citizen  of 
said  State,  a  Commissioner  to  the  sovereign  State  of  Geor- 
gia to  consult  and  advise  with  his  Excellency.  Governor 
Joseph  E.  Brown  and  the  members  of  the  Convention  to 
be  assembled  in  said  State,  as  to  what  is  best  to  be  clone  to 
protect  the  rights,  interests,  and  honor  of  the  Siaveholding 
States,  and  to  report  the  result  of  such  consultation  in  time 
to  enable  me  to  communicate  the  same  to  the  Convention 
of  the  State  of  Alabama  to  be  held  on  Mondav.  the  ?th  dav 
of  January  next,  if  practicable. 

In  testimony  whereof  I  have  hereunto  set  my  hand, 
and  caused  the  Great  Seal  of  the  State  to  be  affixed 
in  the  city  of  Montgomery,  this  21^1  day  of  De- 
cember. A.  D.  1860. 

A.  B.  MOORE. 

[Resolution  of  instruction  to  Commissioner.] 

Montgomery,  Ala.,  January  14th.  1561. 
Hon.  John  Gill  Shorter: 
Dear  Sir  :  — 

The  following  resolution  was  passed  by  the  Convention 
in  session  to-dav  : 

'''Resolved  by  the gepfife  of  Alabama  in  Convent  io/t  assembled* 
That  the  Commissioners  heretofore  appointed  bv  the  Gov- 
ernor of  this  State  to  the  several  States,  be,  and  they  are 
hereby  directed  to  present  to  the  conventions  of  said  States 
the  preamble,  ordinance,  and  resolutions  adopted  bv  the 
people  of  the  State  of  Alabama,  in  Convention,  on  the  11th 
day  of  January,  1S61,  and  to  request  their  consideration  of 
and  concurrence  in  the  first  resolution." 

With  the  above  resolution  is  herewith  transmitted  to  you, 


310 


APPENDIX. 


by  order  of  the  Convention,  a  certified  copy  of  the  preamble, 
ordinance  and  resolution  referred  to. 

Respectfully, 

WILLIAM  M.  BROOKS, . 
President  or  the  Convention. 

[Ordinance  of  Alabama.'] 

■ 

AN  ORDINANCE 

To  dissolve  the  union  between  the  State  of  Alabama  and 
other  States  united  under  the  compact  styled  "the  Con- 
stitution  of  the  United  States  of  America." 

Whereas,  The  election  of  Abraham  Lincoln  and  Hanibal 
Hamlin  to  the  office  of  President- and  Vice  President  of  the 
United  States  of  America,  by  a  sectional  party,  avowedly 
hostile  to  the  domestic  institutions  and  to  the  peace  and 
security  of  the  people  of  the  State  of  Alabama,  preceded 
by  many  and  dangerous  infractions  of  the  Constitution  of 
the  United  States  by  many  of  the  States  and  people  of  the 
Northern  section,  is  a  political  wrong  of  so  insulting  and 
menacing  a  character  as  to  justify  the  people  of  the  State 
of  Alabama  in  the  adoption  of  prompt  and  decided  meas- 
ures for  their  future  peace  and  security,  therefore, 

Beit declared and  ordained by  the  people  of  the  State  of  Alabama, 
in  Convention  assembled,  That  the  State  of  Alabama  now  with- 
draws and  is  hereby  withdrawn  from  the  Union  known  as 
"  the  United  States  ol  America,"  and  henceforth  ceases  to 
be  one  of  the  said  United  States,  and  is,  and  of  right  ought 
to  be  a  Sovereign  and  Independent  Slate. 

Sec.  2.  Be  it  further  declared  and  ordained  by  the  people  of 
the  State  of  Alabama  in  Convention  assembled,  That  all  the 
powers  over  the  territory  of  said  State,  and  over  the  peo- 
ple thereof,  heretofore  delegated  to  the  Government  of  the 
United  States  of  America,  be  and  they  are  hereby  with- 
drawn from  said  Government,  and  are  hereby  resumed  and 
vested  in  the  people  of  the  State  of  Alabama. 

And  as  it  is  the  desire  and  purpose  of  the  people  of  Ala- 
bama to  meet  the  Slaveholding  States  of  the  South,  who 
approve  such  purpose,  in  order  to  frame  a  provisional  as 


APPENDIX. 


311 


well  as  permanent  government  upon  the  principles  of  the 
Constitution  of  the  United  States, 

•  Be  it  resolved  by  the  people  of  Alabama  in  Convention  assem- 
bled, That  the  people  of  the  States  of  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina,  Florida,  Georgia, 
Mississippi,  Louisiana,  Texas,  Arkansas,  Tennessee,  Ken- 
tucky and  Missouri,  be  and  are  hereby  invited  to  meet  the 
people  of  the  State  of  Alabama,  hy  their  delegates,  in  Con- 
vention, on  the  4th  day  of  February,  A.  1).,  1S61,  at  the 
city  of  Montgomery,  in  the  State  of  Alabama,  for  the  pur- 
pose of  consulting  with  each  other  as  to  the  most  effectual 
mode  of  securing  concerted  and  harmonious  action  in  what- 
ever measures  may  be  deemed  most  desirable  for  our  com- 
mon peace  and  security. 

And  be  it  further  resolved,  That  the  President  of  this  Con 
vention,  be  and  he  is  hereby  instructed  to  transmit  forth- 
with a  copy  of  the  foregoing  preamble,  ordinance  and  reso- 
lutions to  the  G-overnors  of  the  several  States  named  in 
said  resolutions. 

Done  by  the  people  of  the  State  of  Alabama,  in  Con- 
vention assembled,  at  Montgomery,  on  this,  the  eleventh 
day  of  January,  A.  D.  1881. 

WILLIAM  M.  BROOKS. 
President  of  the  Convention. 


STATE  OF  MISSISSIPPI. 

John  J.  Pettus,  Governor  of  the  State  of  Mississippi,  to 
His  Excellency,  the  Governor  of  the  State  of  Georgia,  Greet- 

mk<J*     ■   V.'  V  V 

Be  it  known,  that,  reposing  special  trust  and  confidence 
in  the  ability,  integrity  and  fitness  of  Hon.  Thos.  W.  White 
I  have,  in  compliance  with  a  resolution  passed  by  the  Le- 
gislature of  this  State,  on  the  30th  day  of  November,  A.  D. 
1S60,  appointed,  and  by  these  presents  do  appoint  him  a 
Commissioner  from  Mississippi,  to  proceed  to  the  Capital 
of  Georgia,  to  inform  the  people  of  that  Commonwealth, 
through  their  Executive,  that  the  Legislature  of  this  State 
has  passed  an  act  calling  a  Convention  of  the  people  of  the 


312 


APPENDIX. 


State,  to  consider  the  present  threatening  relations  of  the 
Northern  and  Southern  sections  of  the  United  States— ag- 
gravated by  the  recent  election  of  a  President  upon  princi- 
ples of  hostility  to  the  States  of  the  South,  and  to  express 
the  earnest  hope  of  Mississippi  that  Georgia  will  co-operate 
with  her  in  the  adoption  of  efficient  measures  for  the  com- 
mon defence  and  safety  of  the  South. 

Given  under  my  hand,  and  the  Great  Seal  of  the  State 
hereunto  affixed,  at  the  City  of  Jackson,  this  the  5th 
day  of  December,  A.  D.  1860. 

JOHN  J.  PETTUS. 

By  the  Governor  : 
C.  A.  Brougi-ier, 

Secretary  of  State. 

Resolved,  That  the  Convention  confirm  the  appointments 
of  Commissioners  heretofore  made  by  the  Governor  of  this 
State,  under  a  resolution  of  the  Legislature  of  Mississppi, 
the  30th  day  of  November  A.  D.  1860. 

Passed  unanimously. 

F.  A  Pope,  Secretary  of  the  Convention. 

CONVENTION  BILL. 

An  Act  to  provide  for  a  Convention  of  the  people  of  the  State  of 

Mississippi. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Mississijyin,  That  an  election  for  delegates  to  a  Convention 
of  the  people  of  the  State  of  Mississippi,  shall  be  held  in  the 
several  counties  thereof,  on  Thursday,  the  twentieth  day  of 
December,  I860,  and  that  said  election  shall  be  held  at  all 
the  precincts  established  by  law,  and  shall  be  managed  and 
conducted  by  the  Sheriffs  or  other  proper  officers  of  the 
counties  respectively,  in  the  same  manner,  and  according 
£0  the  same  rules  and  regulations,  as  are  prescribed  by  law 
for  the  election  of  members  of  the  Legislature.  And  it  is 
hereby  declared  to  be  the  duty  of  the  Governor  to  issue  his 
proclamation  to  the  several  Sheriffs  of  the  State,  at  least 


APPENDIX. 


313 


ten  days  before  the  time  appointed  for  holding  said  election, 
requiring  them  to  hold  and  conduct  the  same  according  to 
law,  and  the  said  Sheriffs  shall  advertise  the  time  and  place 
of  holding  said  election  for  five  days  by  publication  in  the 
several  newspapers  of  their  respective  counties,  and  by  post- 
ing notices  at  four  public  places  in  their  counties. 

Sec.  2.  Be  it  further  enacted,  That  each  county  shall  be 
represented  in  said  Convention  by  the  same  number  of  dele, 
gates  as  such  county  has  of  Representatives  in  the  House  of 
Representatives,  including  the  representation  of  any  city  or 
town  in  any  county. 

Sec.  3.  Be  it  further  enacted,  That  any  person  shall  be 
eligible  to  the  said  Convention  who  shall,  at  the  time  of  the 
election,  be  a  citizen  of  the  State  of  Mississippi,  and  above 
the  age  of  twenty-one  years.  Provided,  That  each  delegate 
shall  have  resided  in  the  county  from  which  he  is  elected, 
for  four  months  immediately  prior  to  the  session  of  the  Con- 
vention, and  been  a  citizen  of  the  State  for  twelve  months 
prior  thereto. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Sheriff,  or  other  proper  returning  officer,  of  every 
county,  immediately  after  said  election,  to  make  a  complete 
return  to  the  Secretary  of  State,  of  the  votes  cast  for  dele- 
gates in  his  county,  and  the  certificate  of  election  of  the  re- 
turning officer  of  the  proper  county,  or  of  the  Secretary  of 
State  in  favor  of  any  delegate,  shall  be  evidence  of  his  right 
to  a  seat  in  said  Convention  ;  subject,  if  contested,  to  deci- 
sion by  said  Convention,  in  such  manner  as  they  may  pre- 
scribe. 

Sec.  5.  Be  it  further  enacted,  That  the  delegates  elected 
under  the  rjrovisions  of  this  act,  shall  assemble  at  the  Capi" 
tol  of  the  State,  on  Monday,  the  seventh  clay  of  January, 
1861,  and  organize  themselves  into  a  Convention  by  the 
election  of  a  President,  and  such  other  officers  as  they  may 
deem  necessary,  and  the  appointment  of  a  suitable  number 
assistants,  and  shall  proceed  to  consider  the  then  existing 
relations  between  the  Government  of  the  United  States  and 
the  Government  and  people  of  the  State  of  Mississippi,  and 
to  adopt  such  measures  for  vindicating  the  sovereignty  of 
the  State,  and  the  protection  of  its  institutions,  as  shall  ap- 
pear to  them  to  be  demanded  ;  said  Convention  shall  adopt 


314 


APPENDIX. 


such  rules  and  regulations  for  its  government  and  the  pro- 
per transaction  of  business,  as  they  shall  think  proper.  The 
officers,  members  and  assistants  of  said  Convention  shall  re- 
ceive the  same  compensation  as  is  now  allowed  by  law  to 
the  officers,  members  and  assistants  of  the  Legislature,  and 
the  Auditor  of  Public  Accounts  shall  issue  his  warrant  on 
the  Treasury  of  the  State  therefor,  upon  the  'certificate  of 
the  President  of  the  amount  due. 

Sec.  6.  Be  it  further  enacted,  That  in  case  of  vacancy  occur- 
ring in  said  Convention,  by  death,  resignation,  or  otherwise, 
of  any  member,  it  shall  be  the  duty  of  the  G  overnor  to  cause 
such  vacancy  to  be  filled,  if  practicable,  by  issuing  his  writ 
of  election  to  the  Sheriff  of  the  proper  county,  requiring 
him,  on  five  days  notice,  to  hold  an  election  according  to 
law  to  fill  the  same. 

Sec.  7.  Be  it.  further  enacted.  That  this  act  shall  take  ef- 
fect from  and  after  its  passage. 

J.  A.  P.  CAMPBELL, 

Speaker  of  the  House  of  Representatives. 

JAMES  DRANE, 

President  of  the  Senate. 
Approved,  November  29,  1S60. 

JOHN  J.  PETTUS. 

> 

RESOLUTIONS 

Of  the  State  of  Mississippi,  declaring  secession  to  be  the 
proper  remedy  for  the  Southern  States. 

Whereas,  The  Constitutional  Union  was  formed  by  the 
several  States  in  their  separate,  sovereign  capacity,  for  the 
purpose  of  mutual  advantage  and  protection.  That  the 
several  States  are  distinct  sovereignities,  whose  supremacy 
is  limited  so  far  only  as  the  same  has  been  delegated  by 
voluntary  compact  to  a  Federal  Government,  and  when  it 
fails  to  accomplish  the  ends  for  which  it  was  established, 
the  parties  to  the  compact  have  the  right  to  resume,  each 
for  itself,  such  delegated  powers.  That  the  institution  of 
slavery  existed  prior  to  the  formation  of  the  Federal  Con- 
stitution, and  is  recognized  bv  its  letter,  and  all  efforts  to 


APPENDIX.  315 

impair  its  value  or  lessen  its  duration  by  Congress,  or  any 
of  the  free  States,  is  a  violation  of  the  compact  of  Union, 
and  is  destructive  of  the  ends  for  which  it  was  ordained,  but 
in  defiance  of  the  principles  of  the  Union  thus  established, 
the  people  of  the  Northern  States  have  assumed  a  revolu- 
tionary position  towards  the  Southern  States,  that  they 
have  set  at  defiance  that  provision  of  the  Constitution  which 
was  intended  to  secure  domestic  tranquility,  among  the 
States,  and  promote  their  general  welfare,  namely  :  "  No 
person  held  to  service  or  labor  in  one  State  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any 
law  or  regulation  therein,  be  discharged  from  such  service 
or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to 
whom  such  service  or  labor  may  be  nue."  That  they  have 
by  voluntary  associations,  individual  agencies,  and  State 
Legislation,  interfered  with  slavery  as  it  prevails  in  the 
slaveholding  States.  That  they  have  enticed  our  slaves 
from  us,  and  by  State  intervention,  obstructed  and  prevent- 
ed their  rendition  under  the  fugitive  slave  law.  That  they 
continue  their  system  of  agitation  obviously  for  the  pur- 
pose of  encouraging  other  slaves  to  escape  from  service,  to 
weaken  the  institution  in  the  slaveholding  States,  by  ren- 
dering the  holding  of  such  property  insecure,  and,  as  a  con- 
sequence, its  ultimate  abolition  certain. 

That  they  claim  the  right,  and  demand  its  execution  by 
Congress,  to  exclude  slavery  from  the  Territories,  but  claim 
the  right  of  protection  for  every  species  of  property  owned 
by  themselves. 

That  they  declare  in  every  maimer  in  which  public  opin- 
ion is  expressed,  their  unutterable  determination  to  exclude 
from  admittance  into  the  Union  any  new  State  that  tolerates 
slavery  its  Constitution,  and  thereby  force  Congress  to  a 
condemnation  of  that  species  of  property.  That  they  thus 
seek,  by  an  increase  of  abolition  States,  "to  acquire  two- 
thirds  of  both  houses,"  for  the  purpose  of  proposing  an 
amendment  to  the  Constitution  of  the  United  States,  abolish- 
ing slavery  in  the  States,  and  so  continue  the  agitation,  that 
the  proposed  amendment  shall  be  ratified  by  the  Legisla- 
tures of  three-fourths  of  the  States.  That  to  encourage  the 
stealing  of  our  property,  they  have  put  at  defiance  that  pro- 


APPENDIX. 


vision  of  the  Constitution,  which  declares  that  fugitives 
from  justice  into  another  State,  on  demand  of  the  Executive 
authority  of  the  State  from  which  he  fled,  shall  be  delivered 
up.  That  they  have,  in  violation  of  the  comity  of  all  civil- 
ized nations,  and  in  violation  of  the  comity  established  by 
the  Constitution  of  the  United  States,  insulted  and  outraged 
our  citizens,  when  travelling  amongst  them  for  pleasure, 
health,  or  business,  by  taking  their  servants,  and  liberating 
the  same  under  the  forms  of  State  laws,  and  subjecting  their 
owners  to  degrading  and  ignominious  punishment.  That 
they  have  sought  to  create  domestic  discord  in  the  Southern 
States  by  incendiary  publications. 

That  they  encourage  a  hostile  invasion  of  a  Southern 
State,  to  excite  insurrection,  murder  and  rapine. 

That  they  have  deprived  Southern  citizens  of  their  pro- 
perty, and  continue  an  unfriendly  agitation  of  their  domes- 
tic institution,  claiming  for  themselves  perfect  immunity 
from  external  interference  with  their  domestic  policy,  we 
of  the  Southern  States  alone  made  an  exception  to  that  uni- 
versal quiet. 

That  they  have  elected  a  majority  of  Electors  for  Presi- 
dent and  Vice  President,  on  the  ground  that  there  exists  an 
irreconcilable  conflict  between  the  two  sections  of  the  Con- 
federacy, in  reference  to  their  respective  systems  of  labor, 
and  in  pursance  of  their  hostility  to  us  and  our  institutions, 
thus  declaring  to  the  civilized  world,  that  the  powers  of 
this  Government  are  to  be  used  for  the  dishonor  and  over- 
throw of  the  Southern  section  of  this  great  Confederacy. 

Therefore,  Be  it  Resolved  by  the  Legislature  of  the  State  of 
Mississippi,  That  in  the  opinion  of  those  who  now  constitute 
the  said  Legislature,  the  secession  of  each  aggrieved  State 
is  the  proper  remedy  for  these  injuries. 

J.  A.  P.  CAMPBELL, 
Speaker  of  the  House  of  ^Representatives. 

JAMES  DP  AXE, 

President  of  the  Senate. 
Approved,  November  30,  I860. 

JOHN  J.  PETTUS. 


appendix.  317 

The  State  of  Mississippi. 

At  a  Convention  of  the  people  of  the  State  of  Mississip- 
pi, began  and  holden  at  Jackson,  the  seventh  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight 
liundred  and  sixty-one: 

AN  ORDINANCE 

To  dissolve  the  union  between  the  State  of  Mississippi  and 
other  States,  united  with  her  under  the  compact  entitled 
the  Constitution  of  the  United  States  of  America. 

The  people  of  the  State  of  the  State  of  Mississippi,  in  Conven- 
tion assembled,  do  ordain  and  declare,  and  it  is  hereby  ordained 
and.  declared  as  follows,  to-wit  : 

Section  1st.  That  all  the  laws  and  ordinances  by  which 
the  said  State  of  Mississippi  became  a  member  of  the  Fede- 
ral Union  of  the  United  States  of  America,  be  and  the  same 
are  hereby  repealed  ;  and  that  all  obligations  on  the  part 
of  the  said  State  or  the  people  thereof,  to  observe  the  same 
be  withdrawn  ;  and  that  the  said  State  doth  hereby  resume 
all  the  rights,  functions,  and  powers  which  by  any  of  said 
laws  or  ordinances,  were  conveyed  to  the  Government  of 
the  said  United  States,  and  is  absolved  from  all  the  obliga- 
tions, restraints  and  duties  incurred  to  the  said  Federal 
Union,  and  shall  from  henceforth  be  a  free,  sovereign,  and 
independent  State. 

Sec.  2d.  That  so  much  of  the  first  section  of  the  seventh 
article  of  the  Constitution  of  this  State,  as  requires  mem- 
bers of  the  Legislature,  and  all  officers, executive,  and  judicial, 
to  take  an  oath  or  affirmation  to  support  the  Constitution 
of  the  United  States,  be  and  the  same  is  hereby  abrogated 
and  annulled. 

Sec.  3d.  That  all  rights  acquired  and  vested  under  the 
Constitution  of  the  United  States,  or  under  any  act  of  Con- 
gress passed,  or  treaty  made  in  pursuance  thereof,  or  under 
any  law  of  this  State,  and  not  incompatible  with  this  ordi- 
nance, shall  remain  in  force,  and  have  the  same  effect  as  if 
this  ordinance  had  not  been  passed. 

Sec.  4th.  That  the  people  of  the  State  of  Mississippi, 
hereby  consent  to  form  a  Federal  Union,  with  such  of  the 


31S 


APPENDIX. 


States  as  may  have  seceded,  or  may  secede  from  the  Union 
of  the  United  States  of  America,  upon  the  basis  of  the  pre- 
sent Constitution  of  the  said  United  States,  except  such 
parts  thereof  as  embrace  other  portions  than  such  seceding 
States. 

Done  at  Jackson,  the  ninth  day  of  January,  in  the  year 
of  our  Lord  one  thousand  ei°ht  hundred  and  sixty-one. 

WILLIAM  S.  BARRY,  President. 
Attest  :  F.  A.  Pope,  Clerl; 

RESOLUTION 

Providing  for  the  appointment  of  Commissioners,  &c. 

Resolved  by  the  Legislature  of  the  State  of  Mississippi,  That 
the  Governor  be  requested  to  appoint  as  many  Commis- 
siones  as  in  his  judgment  may  be  necessary  to  visit  each  of 
the  slaveholding  States,  and  designate  the  State  or  States 
to  which  each  Commissioner  shall  be  commissioned — whose 
duty  it  shall  be  to  inform  them  that  this  Legislature  has 
passed  an  act  calling  f  Convention  of  the  people  of  the 
State,  to  consider  the  present  threatening  relations  of  the 
Northern  and  Southern  sections  of  the  Confederacy,  aggra- 
vated by  the  recent  election  of  a  President  upon  principles 
of  hostility  to  the  States  of  the  South,  and  to  express  the 
earnest  hope  of  Mississippi  that  those  States  will  co-operate 
with  her  in  the  adoption  of  efficient  measures  for  their  com- 
mon defence  and  safety. 

Resolved,  That  should  any  Sonthern  State  not  have  con- 
vened its  Legislature,  the  Commissioner  to  such  State  shall 
appeal  to  the  Governor  thereof,  to  call  the  Legislature  to- 
gether, in  order  that  its  co-operation  be  immediately  se- 
cured. 

J.  A.  P.  CAMPBELL, 
Speaker  of  the  House  of  Representatives. 


JAMES  DRANE, 

President  of  the  Senate: 


Approved,  November  30,  1860. 

JOHN  J.  PETTUS. 


APPENDIX. 


319 


THE  STATE  OF  LOUISIANA. 

AX  ORDINANCE 

To  dissolve  the  union  between  the  State  of  Louisiana  and 
other  States  united  with  her  under  the  compact  entitled 
"  the  Constitution  of  the  United  States." 

Be,  the  pcop/rr.f*  the  State  of  Louisiana,  in  Convent  ton  assem- 
bled, do  declare  and  ordain,  and  it  is  herebu  declared  and  or- 
dained, 

That  the  ordinance  passed  by  us  on  the  22d  day  of 
November,  in  the  year  eighteen  hundred  and  eleven,  where- 
by the  Constitution  of  the  United  States  of  America,  and 
the  amendments  of  said  Constitution  were  adopted,  and  all 
laws  and  ordinances  by  which  the  State  of  Louisiana  be- 
came a  member  of  the  Federal  Union,  be  and  the  same  are 
hereby  repealed  and  abrogated ;  and  that  the  union  now 
subsisting  between  Louisiana  and  other  States  under  the 
name  of  "  the  United  States  of  America  "  is  hereby  dis- 
solved. 

We  do  farther  declare  and  ordain,  That  the  State  of  Louis- 
iana hereby  resumes  all  rights  and  powers  heretofore  dele- 
gated to  the  Government  of  the  United  States  of  America  ; 
that  her  citizens  are  absolved  from  all  allegiance  to  said 
government,  and  that  she  is  in  full  possession  and  exercise 
of  all  those  rights  of  sovereignty  which  appertain  to  a  free 
and  independent  State. 

We  do  further  declare  and  ordetin,  That  ail  rights  acquired 
and  vested  under  the  Constitution  of  the  United  States,  or 
any  act  of  Congress,  or  treaty,  or  under  any  law  of  this 
State  and  not  incompatible  with  this  ordinance  shall  remain 
in  force,  and  have  the  same  effect  as  if  this  ordinance  had 
not  been  passed. 

Adopted  in  Convention,  at  Baton  Rouge,  this  twenty- 
sixth  day  of  January,  eighteen  hundred  and  sixty-one. 
Signed  by  the  Hon. 

ALEXANDER  MOUTON, 
President  of  the  Convention  of  the  State  of  Louisiana. 
A  true  copy  of  the  original. 

J.  Thomas  Wheat, 

Secretary  of  the  Convention, 


320 


APPENDIX. 


THE  STATE  OF  LOUISIANA. 

RESOLUTION 
In  reference  to  the  free  navigation  of  the  Mississippi  river. 

Resolved,  That  we,  the  people  of  the  State  of  Louisiana, 
recognize  the  right  of  the  free  navigation  of  the  Mississippi 
river  and  its  tributaries  by  all  friendly  States  bordering 
thereon.  And  we  also  recognize  the  right  of  egress  and 
ingress  of  the  mouths  of  the  Mississippi  river  by  all  friendly 
States  and  powers ;  and  we  do  hereby  declare  our  willing- 
ness to  enter  into  any  stipulations  to  guarantee  the  exercise 
of  said  rights. 

Adopted  in  Convention,  at  Baton  Rouge,  this  twenty- 
sixth  day  of  January,  eighteen  hundred  and  sixty-one. 

(Signed)  A.  MOUTON, 

President  of  the  Convention  of  the  State  of  Louisiana. 

■ 

A  true  copy  from  the  original. 

J.  Thomas  Wheat, 

Secretary  of  the  Convention. 

THE  STATE  OF  LOUISIANA. 

AN  ORDINANCE 

- 

To  provide  for  the  appointment  of  delegates  to  a  Conven- 
tion to  form  a  Southern  Confederacy. 

We,  the  people  of  Louisiana,  in  Convention  assembled,  do  de- 
clare and  ordain,  and  it  is  hereby  declared  and  ordained, 

First,  That  this  Convention  will,  on  the  thirtieth 
day  of  January  instant,  at  the  hour  of  12  M.,  proceed  to 
elect  viva  voce,  six  delegates,  two  from  the  State  at  large, 
and  one  from  each  Congressional  District,  to  represent  this 
State  in  the  Convention  of  seceding  States  proposed  to  be 
held  at  Montgomery,  in  the  State  of  Alabama,  on  the  fourth 
day  of  February,  eighteen  hundred  and  sixty-one,  for  the 
purpose  of  securing  concerted  and  harmonious  action,  and 
also  of  forming  a  provisional  government  for  those  States, 
which  have  seceded,  and  which  may  secede,  and  intend  to 
form  a  Southern  Confederacy. 


APPENDIX.  321 

Second,  That  the  said  delegates  be  instructed  to  aid  in 
forming  a  provisional  government  on  the  basis  of  the  Con- 
stitution of  the  United  States  for  such  States  as  have  sece- 
ded or  may  secede,  to  be  established  and  put  in  operation 
before  the  fourth  day  of  March,  1S61,  and  that  the  same 
Convention  of  seceding  States  shall  proceed  forthwith  to 
consider  and  propose  a  Constitution  and  plan  for  a  perma- 
nent government  for  such  States,  which  proposed  plan  shall 
be  referred  back  to  the  several  State  Conventions  for  their 
adoption  or  rejection. 

Third,  That  this  Convention  accepts  the  recommenda- 
tion of  the  State  of  South  Carolina  that  each  State  be  enti- 
tled to  one  vote  in  the  said  Convention  upon  all  questions 
which  may  be  voted  upon  therein  ;  and  that  each  State 
send  as  many  delegates  as  are  equal  in  number  to  the  num- 
ber of  Senators  and  Representatives  to  which  it  was  enti- 
tled in  the  Congress  of  the  United  States. 

Fourth,  That  if  from  any  cause,  the  said  Convention, 
should  not  assemble  at  the  time  and  place  above  mentioned, 
then,  and  in  that  event,  the  said  delegates  be,  and  they  are 
hereby  accredited  to  any  Convention  of  seceding  States 
which  may  meet  at  any  other  time  and  place  having  for  its 
object  the  formation  of  a  government  and  the  establishing 
of  a  Confederacy,  as  herein  before  prescribed,  and  which 
may  adjourn  to  meet  at  any  other  time  and  place. 

Adopted  in  Convention,  at  the  city  of  New  Orleans,  this 
twenty-ninth  day  of  January,  eighteen  hundred  and  sixty- 
one. 

(Signed)  A.  MOUTON, 

President  of  the  Convention. 
A  true  copy  of  the  original. 

J.  Thomas  Wheat, 

Secretary  of  the  Convention. 


322 


APPENDIX. 


[Report  of  D.  C.  Campbell,  Esq.,  Commissioner  from  Georgia  to 

Delaware.'] 

Milledgeville,  March  4th,  1861. 

To  the  Honorable  the  President  and  Members  of  the  Convention 
<2/"      People  of  Georgia : 

In  pursuance  of  my  appointment  by  your  body  as  Com- 
missioner to  the  State  of  Delaware,  I  have  visited  Dover, 
the  Capital  of  that  State,  and,  to  the  best  of  my  ability, 
discharged  the  trusts  you  confided  to  me.  On  my  way 
thither,  at  Washington  city,  I  learned  from  those  most 
competent  to  give  information,  the  state  of  public  senti- 
ment in  Delaware  in  regard  to  questions  Connected  with 
the  objects  of  my  mission  ;  that  a  large  majority  of  the 
people  were  aggrieved  at  the  aggressions  of  the  Northern 
upon  the  Southern  States  ;  that  their  sympathies  and  inter- 
ests were  with  the  latter,  and  that  on  the  withdrawal  of 
Virginia  and  Maryland  from  the  United  States,  Delaware 
would  unquestionably  follow  them  and  unite  her  destinies 
with  the  Confederate  States  of  the  South.  I  learned  also 
that  the  Legislature  of  the  State,  then  in  session,  was  not 
regarded  as  a  true  exponent  of  the  sentiments  of  the  people 
on  these  points,  and  was  advised  to  address  myself  to  the 
Executive.  On  reaching  Dover,  I  found  that  one  branch  of 
the  Legislature,  the  Senate,  had  a  majority  of  one,  known 
and  recognized  as  Democrats,  and  the  other  branch,  a  ma- 
jority of  one,  though  not  elected  such,  called  and  regarded 
as  Republicans.  After  a  long,  social  and  satisfactory  inter- 
view with  his  Excellency  Gov.  Burton,  and  a  consultation 
with  a  number  of  the  leading  and  prominent  men  of  the 
State,  most  friendly  to  the  objects  of  my  mission,  all  of 
whom  concurred  in  the  opinion  that  the  objects  I  had  in 
view  would  be  best  promoted  by  addressing  myself  to  the 
Executive,  I  concluded  to  make  no  application  for  a  hear- 
ing before  the  Legislature.  Accordingly  I  addressed  a  com- 
munication to  the  Governor  setting  forth  the  objects  of  my 
mission  and  briefly  discussing  the  advantages  that  would 
result  to  Delaware  by  her  union  with  a  Southern  Confeder- 
acy, and  enclosed  therein  the  documents  I  had  been  instruc- 
ted to  lay  before  the  constituted  authorities  of  the  State. 


APPENDIX. 


323 


The  Governor  promptly  transmitted  my  communication  to 
the  Legislature,  without  any  comment,  except  that  in  his 
message  accompanying  it  he  renewed  a  previous  recommen- 
dation for  a  call  of  a  Convention  of  the  people  to  take  into 
consideration  the  questions  then  agitating  the  country. 
The  Senate  immediately  took  up  the  message  for  considera- 
tion and  adopted  a  resolution,  in  substance,  affirming  that 
Delaware  appreciated  the  courtesy  of  Georgia  in  sending  a 
Commissioner  to  her  ;  that  in  view  of  her  location  and  the 
state  of  things  existing  in  the  States  around  her,  the  time 
for  action  on  her  part  had  not  arrived,  and  that  when  it  did 
come,  Delaware  would  pursue  that  course  that  would  best 
promote  her  interests.  The  House  postponed  for  the  pres- 
ent any  action  on  the  message  of  the  Governor,  and  I  have 
not  yet  learned  what,  if  any,  has  been  its  action  on  the 
subject.  It  was  expected  the  Legislature  would  continue 
its  session  till  after  the  4th  of  March,  that  it  might  mark 
out  its  future  course  by  the  events  of  that  day.  Hence  it 
may  be,  that  the  final  action  of  the  Legislature  has  not  yet 
been  forwarded  to  me. 

I  cannot  conclude  this  report  without  giving  it  as  my 
decided  opinion,  formed  from  the  declarations  made  to  me 
by  a  large  number  of  the  prominent  and  leading  men  of 
Delaware,  including  some  who  have  heretofore  rilled  her 
Executive  chair  and  represented  her  in  both  branches  of  the 
Congress  of  the  United  States,  members  of  all  parties  into 
which  the  country  has  heretofore  been  divided,  that  when- 
ever Virginia  and  Maryland  shall  withdraw  from  the  Union, 
Delaware  would  follow  in  their  footsteps.  She  will  not 
consent  to  unite  her  destinies  with  a  Northern  Confederacy 
while  she  can  form  an  alliance  with  one  at  the  South,  with 
which  she  is  more  identified  by  interest  and  to  which  she  is 
drawn  by  sentiment  and  sympathy. 

It  is  due  to  the  State  of  Delaware  and  to  myself,  that  I 
should  gratefully  acknowledge,  as  I  here  do,  the  kindness 
and  courtesy  extended  to  me,  as  your  humble  representa- 
tive, by  the  Executive  and  other  officers  and  citizens  of 
Delaware  with  whom,  during  my  visit,  I  was  thrown  in 
contact. 


324 


APPENDIX. 


A  copy  of  rny  communication  to  Gov.  Burton  accompa- 
nies this  report. 

With  great  respect, 

Your  obedient  servant, 

D.  C.  CAMPBELL. 

[Copy  of  communication  addressed  to  the  Governor  of  Delaware 
by  D.  C.  Campbell,  Commissioner,  SfcJ] 

Dover,  Del.,  Feb.  12th,  1861. 

His  Excellency  Gov.  Burton  : 
Deae  Sir  : — 

I  have  already  had  the  honor  to  place  in  your  hand  my 
credentials  accrediting  me  as  a  Commissioner  to  the  State  of 
Delaware,  from  a  Convention  of  the  people  of  the  State  of 
Georgia,  recently  assembled  at  her  capitol.  The  object  of  my 
mission  is  two-fold.  1st,  To  lay  before  the  constituted  author- 
ities of  your  State  the  ordinance  of  secession,  by  which  the 
State  of  Georgia  has  repealed  the  ordinance  by  virtue  of 
which  she  became  a  member  of  the  late  Confederacy  known 
as  the  United  States  of  America,  has  withdrawn  from  that 
Confederacy,  and  has  declared  herself  a  free,  sovereign  and 
independent  State.  The  second  object  of  my  mission  is, 
in  the  name  of  my  State,  to  invite  the  co-operation  of  Del- 
aware, with  Georgia  and  the  other  seceding  States,  in  the 
formation  ot  a  Southern  Confederacy. 

In  obedience  to  my  instructions,  I  beg  leave  to  lay  before 
you  the  following  documents,  all  of  which  are  enclosed  : 

1st,  A  resolution  of  the  Georgia  Convention  declaring 
it  the  right  and  duty  of  Georgia  to  secede  from  the  Union. 

2d,  An  authenticated  copy  of  the  ordinance  of  secession. 

3d,  A  resolution  of  the  Convention  uniting  with  Ala- 
bama in  the  invitation  to  the  State  of  Delaware,  to  send 
Commissioners  to  represent  her  at  Montgomery,  Ala. 

4th,  A  resolution  of  the  Convention  appointing  Com- 
missioners to  Delaware  and  other  States  and  defining  their 
duties. 

I  beg  leave  respectfully  to  ask  you  to  take  into  consid- 
eration these  documents,  exhibiting  the  objects  of  my  mis- 


APPENDIX. 


325 


sion,  and  if  you  approve  the  measure,  to  lay  the  same  be- 
fore the  Legislature. 

You  will  perceive  that  the  prominent  object  of  my  mis- 
sion is  to  invite  the  co-operation  of  Delaware  in  the  forma- 
tion of  a  Southern  Confederacy.  Georgia,  in  the  movement 
she  has  made,  has  not  acted  in  haste  or  with  precipitancy, 
nor  without  calm  deliberation,  and  after  having  counted 
the  cost.  She  did  not  withdraw  from  the  Union  till  she 
had  lost  all  hope  of  being  able  to  maintain  the  rights  and 
equality  guaranteed  to  her  by  the  compact  into  which  she 
had  entered,  and  to  enjoy  the  domestic  tranquility  which 
was  one  of  the  prominent  objects  of  that  compact  to  secure 
to  her.  She  has  now  passed  the  rubicon,  and  with  no  in- 
tention of  taking  any  steps  backwards.  Already  in  alliance 
with  other  of  her  sister  and  neighboring  States  who  have 
formed  a  provisional  government,  and  intend  speedily  to 
•organize  a  permanent  government  upon  the  basis  of  the 
Constitution  of  the  United  States,  she  looks  with  interest 
to  those  of  the  Slaveholding  States  who  have  not  yet  cast 
in  their  lot  with  her,  and  from  whom  she  has  been  compell- 
ed to  separate,  not  without  feelings  of  deep  and  poignant 
regret.  They  have  heretofore  battled  with  her  for  the  same 
rights,  triumphed  with  her  in  the  same  successes,  and 
mourned  with  her  over  the  same  reverses.  Although  it  is 
well  known  in  Georgia  that  Delaware,  in  proportion  to  her 
population,  has  not  as  deep  an  interest  in  the  institution  of 
slavery  as  the  other  border  Slaveholding  States,  yet  it  is 
well  known  that  she  is  identified  with  Georgia  in  interest, 
more  so  in  sentiment,  in  principle,  and  in  sympathy  ;  and 
it  is  confidently  believed  is  destined,  ere  long,  under  the 
force  of  events  rapidly  crowding  upon  her,  to  be  identified 
with  her  in  action  and  in  her  future  destiny. 

It  is  no  part  of  my  duty  to  indicate  to  the  State  of  Del- 
aware what  course  it  may  comport  with  her  honor  or  her 
interest  to  pursue,  yet  pardon  me  in  making  the  suggestion 
that  the  Cotton  States  are  agricultural  in  the  pursuits  of 
their  people,  and  have  heretofore  been  dependent  on  the 
Northern  States  mainly  for  the  products  of  manufacturing 
and  mechanical  labor.  Hereafter  they  will  look  for  these 
products  across  the  Atlantic,  if  they  cannot  be  furnished 


326 


APPENDIX. 


by  States  in  alliance  with  them.  Those  Southern  border 
States,  therefore,  who  are  far  advanced  in  manufacturing 
and  mechanical  skill  have  now  tendered  to  them  the  entire 
South  for  a  market,  and  that  without  a  rival. 

One  other  consideration.  Free  trade  or  an  approxima- 
tion to  it  will  probably  prevail  in  the  Southern  Confedera- 
cy. Delaware  has  her  sea  ports.  Is  it  unreasonable  to  suppose 
that  under  the  high  protective  tariffs  that  will  prevail  in 

the  Northern  Confederacy,  that  those  sea  ports  may  attach 
to  them  when  they  can  sell  goods  at  lower  prices,  because 
imported  under  a  lower  tariff,  an  extensive  and  valuable 
commerce  which  never  heretofore  has  reached  them  ?  But 
on  this  topic  I  forbear. 

I  have  only  to  add,  that  it  is  the  sincere  and  earnest  de- 
sire of  the  State  of  Georgia  that  all  the  Slaveholding  States 
may  be  united  in  the  Confederacy,  the  nucleus  of  which  is 
already  formed,  and  that  Delaware  wall  be  among  them, 
exhibiting  as  she  has  done  in  the  Union  that  has  ceased  to 
exist,  her  full  quota  of  talent  and  moral  worth,  and  con- 
tributing her  full  quota  to  its  prosperity. 

With  sentiments  of  profound  respect, 

I  have  the  honor  to  be, 

Respectfully, 

Your  obedient  servant, 

D.  C.  CAMPBELL. 


[Report  of  Gen.  J.  W.  A.  Sa?ford,  Commissioner  from  Georgia 

to  Texas.'] 

■ 

Milledgeville,  March  7th,  1S61. 

Sir  :— 

It  is  known  to  your  honorable  body,  that  on  the  day  af- 
ter my  appointment  as  Commissioner  to  Texas.  I  set  out 
for  the  city  of  Austin,  the  Capital  of  that  State.  Upon  my 
arrival  at  that  point,  I  found  its  Convention  in  session,  and 
forthwith  proceeded  to  make  known  the  object  of  my  mis- 


APPENDIX. 


327 


sion.  I  am  happy  to  inform  you  that  body  of  enlightened 
statesmen  and  patriots,  cordially  endorsed  the  late  action 
of  Georgia,  and  their  people,  not  less  cordial  in  their  ap- 
proval of  her  course,  have  followed  her  example  and  pro- 
claimed in  the  last  four  days,  with  almost  one  voice  for 
Southern  independence  and  the  establishment  of  a  South- 
ern Confederacy.  Although  their  determination,  in  this 
respect,  from  its  public  notoriety  must  have  already 
reached  you  through  different  channels,  yet  I  have  consid- 
ered it  proper  in  closing  my  embassy,  to  authenticate  the 
fact  by  communicating  it  officially  to  your  honorable  body. 

From  the  evidence  which  this  spirited  and  patriotic  race 
of  men  have  thus  given  of  their  loyalty  and  devotion  to 
Southern  rights,  I  feel  that  I  pay  but  a  just  tribute  to  the 
courage  and  patriotism  of  the  people  of  Texas,  in  saying, 
having  upon  mature  deliberation,  adopted  this  measure  as 
a  last  resort  to  protect  their  interests  and  institutions  from  North- 
ern encroachment  and  usurpation,  and  to  vindicate  their  honor 
and  character  from  the  ignominous  imputation  of  abject  submis- 
sion to  wanton  outrage  and  insult,  they  ivill stand  by  their  act  "at 
every  hazard  and  to  the  last  extremity"  In  my  admiration  of 
their  conduct,  I  can  not  but  contrast  their  noble  attitude  with  the 
humilitating  supplicating  posture  of  others  vainly  begging  upon 
their  hiees,  as  a  gracious  boon  what  as  freemen  and  equals  they 
should  demand  with  arms  in  their  hands. 

Upon  the  occasion  of  this  most  welcome  and  valued  ac- 
cession to  our  cause,  I  rejoice  that  it  is  our  privilege  to 
hail  the  "  Lone  Star  "  as  one  of  the  Southern  Constellation, 
making  now  our  number  seven.  Like  the  seven  stars  of 
the  Heavens,  may  they  revolve  harmoniously  in  their  orbit, 
increasing  in  beauty  and  splendor  in  their  onward  and  up- 
ward course  ;  unlike  the  fabled  Pleiades  of  antiquity,  may 
no  one  of  their  number  shoot  madly  from  its  sphere,  unhap- 
pily doomed  to  become  an  isolated  wanderer,  with  no  fixed 
track  until  all  set  to  rise  no  more. 

I  have  the  honor  to  be  with  sentiments  of  hi<?h.  considera- 
tion,  your  most  obedient  servant, 

J.  W.  A.  SANFOBD. 

Hon.  George  W.  Crawford, 

President  of  Georgia  Convention, 

Savannah,  Ga. 


328  APPENDIX. 

[Report  of  A.  R.  Wright  Esq.,  Commissioner  from  Georgia  to 

Maryland.'] 

Savannah,  March  13th,  1861. 
To  Hon.  G.  W.  Crawford,  President  %*., 
Sir: — 

Under  your  appointment  of  myself  as  Commissioner  to 
Maryland,  I  visited  that  State  on  the  ISth  ult.,  and  found 
in  session  on  that  day  in  the  city  of  Baltimore,  a  Conven- 
tion of  her  people  assembled,  to  take  advisory  action  upon 
the  condition  of  the  country. 

This  Convention,  I  learned,  was  not  a  legally  constituted 
body,  authorized  to  take  definite  and  binding  action,  but 
was  a  voluntary  assemblage  of  the  people,  which  had  no 
power  to  commit  their  State  to  any  line  of  policy.  I  did 
not  therefore  feel  authorized  under  the  ordinance  of  your 
body,  prescribing  the  duties  of  your  commissioner,  to  lay 
before  them  the  action  of  our  State,  or  to  hold  any  inter- 
course with  them  of  an  official  character.  I  visited  the  Con- 
vention (unofficially),  and  being  invited  to  a  seat  on  their 
floor,  attended  the  meetings  of  the  same  during  the  two 
days  of  their  session.  I  found  the  members  of  that  Conven- 
tion, comprising  as  it  did,  a  number  of  the  best  men  and 
highest  talent  of  the  State,  while  they  thought  the  Cotton 
States  had  acted  with  undue  haste  and  precipitancy? — al- 
most unanimous  for  resistance  to  Black  Republican  rule, 
and  determined  to  co-operate  with  the  seceding  States,  in 
the  event  that  Virginia  should  determine  to  withdraw 
from  the  Federal  Government.  The  situation  of  Maryland 
geographically,  is  such,  that  however  mortifying  it  may  be 
to  her  gallant  sons,  she  is  compelled  to  direct  her  action  in 
concert  with  Virginia,  that  State  and  North  Carolina,  ly- 
ing immediately  between  her  and  the  Cotton  States. 

The  Convention  after  a  session  of  two  days,  adjourned  to 
reassemble  on  the  12th  inst.,  unless  in  the  interval  Virginia 
should  take  decided  action,  in  which  event  they  were  to 
immediately  re-assemble  for  binding  and  definite  action. 
Before  adjourning  however,  that  body  passed  the  following- 
resolutions  : 

"  The  committee  on  resolutions,  through  their  chairman, 


APPENDIX. 


329 


Hon.  Robert  MeLane,  submitted  to  the  Convention  the  fol- 
lowing resolutions  : 

Whereas,  It  is  the  opinion  of  this  meeting,  that  in  the 
present  alarming  crisis  in  the  history  of  our  country,  it  is 
desirable  that  the  State  of  Maryland  should  be  represented 
by  judicious,  intelligent,  and  patriotic  agents,  fully  authori- 
zed to  confer  and  act  with  our  sister  States  of  the  South, 
and  particularly  with  the  State  of  Virginia. 

And  whereas,  such  authority  can  be  conferred  solely  by 
a  Convention  of  the  people  of  the  State. 

And  whereas,  in  the  opinion  of  the  meeting,  the  Legisla- 
ture not  being  in  session,  a  full  and  fair  expression  of  the 
popular  will  is  most  likely  to  be  heard  by  a  Convention  call- 
ed by  the  recommendation  of  the  Executive. 

And  whereas,  it  is  alleged  that  the  Governor  now  has  it 
in  contemplation  to  recommend  by  proclamation  such  a 
movement  in  the  event  of  a  failure  by  the  Peace  Conference 
and  Congress  to  effect  any  satisfactory  solution  of  the  vex- 
ed question  now  agitating  the  country.  Be  it  there- 
fore 

Resolved,  That  we  shall  approve  such  a  proceeding  on  the 
part  of  the  Governor,  and  add  the  voice  of  this  Convention 
to  urge  the  voters  of  this  State  to  regard  such  proclamation. 
And  with  a  view  to  allow  time  for  the  action  of  the  Gover- 
nor in  the  matter,  the  Convention  will  adjourn  until  the 
12th  day  of  March  next,  unless  intermediately  the  State  of 
Virginia  should  bv  her  sovereign  Convention,  secede  from 
the  Union,  in  which  event  and  in  case  the  Governor  of  the 
State  shall  not  have  then  called  a  sovereign  Convention 
of  the  people  of  this  State,  this  Convention  shall  at  once  as- 
semble at  the  call  of  the  President,  with  a  view  of  recom- 
mending to  the  people  of  this  State,  the  election  of  dele- 
gates to  such  a  sovereign  Convention. 

Resolved  further,  As  the  sense  of  this  Convention,  that  the 
secession  of  the  several  slaveholding  States  from  the  Fede- 
ral Union  was  induced  by  the  aggression  of  the  non-slave- 
hoiding  States,  in  violation  of  the  Constitution  of  the  United 
States. 

Resolved  further,  That  the  moral  and  material  interest, 
and  the  geographical  position  of  this  State  demand  that  it 


330  APPENDIX. 

should  act  with  Virginia  in  this  crisis,  co-operating  with 
that  State  in  all  honorable  efforts  to  maintain  and  defend 
the  Constitutional  rights  of  its  citizens  in  the  Union,  and 
failing  in  that,  to  associate  with  her  in  confederation  with 
our  sister  States  of  the  Union. 

Resolved  further,  That  the  honor  of  this  State  requires 
that  it  should  not  permit  its  soil  to  be  made  a  highway  for 
Federal  troops,  sent  to  make  war  upon  our  sister  States  of  the 
South,  and  it  is  the  opinion  of  this  Convention  that  an  at- 
tempt on  the  part  of  the  Federal  Government  to  coerce  the 
States  which  have  seceded,  would  necessarily  result  in  civil 
wTar  and  the  destruction  of  the  government  itself." 

On  the  25th  of  Febuary,  I  visited  for  the  third  time,  An- 
napolis, the  seat  of  Government,  (having  failed  while  there 
on  a  former  visit  on  the  21st,  to  meet  the  Executive)  and 
waited  upon  Gov.  Hicks,  and  after  a  personal  interview, 
and  pretty  free  interchange  of  opinion  with  his  Excellency, 
I  handed  to  him  the  ordinance  of  secession,  with  which  I 
was  intrusted,  and  also  a  written  communication  in  which 
I  endeavored  to  justify  and  explain  the  action  of  the  State 
of  Georgia ;  and  attempted  to  show  that  the  material  inter- 
ests of  Maryland  would  be  greatly  promoted  and  advanced 
by  her  co-operation  with  the  seceding  States.  To  this  com- 
munication, (a  copy  of  which  is  hereto  attached,)  I  have 
received  no  reply,  although  upon  the  suggestion  of  Gov. 
Hicks,  that  he  would  favor  me  with  a  reply  at  his  earliest 
convenience,  I  waited  for  two  days  to  receive  such  commu- 
nication as  he  should  be  pleased  to  make  to  your  body. 

In  the  absence  of  any  written  reply  to  my  note  of  the 
25th  ult.,  I  can  only  give  to  your  honorable  body  the 
result  of  the  personal  interview  I  had  with  the  Governor, 
and  I  regret  to  say  that  I  found  him  not  only  opposed  to 
the  secession  of  Maryland  from  the  Federal  Union— but 
that  if  she  should  withdraw  from  the  Union,  he  advised 
and  would  urge  her  to  confederate  with  the  middle  States 
in  the  formation  of  a  Central  Confederacy.  He  also  in- 
formed me  that  he  had  already,  in  his  official  character, 
entered  into  a  correspondence  with  the  Governors  of  those 
States,  including  New  York,  Pennsylvania,  New  Jersey, 


APPENDIX. 


331 


Delaware,  Virginia,  Missouri,  and  Ohio,  with  a  view,  in  the 
event  of  an  ultimate  disruption  of  the  Federal  Union,  to 
the  establishment  of  such  Central  Confederacy.  He 
thought  our  action  hasty,  ill-advised,  and  not  justified  by 
the  action  of  which  we  complain,  and  that  we  were  at- 
tempting to  coerce  Maryland  to  follow  our  example;  that 
he  had  great  confidence  in  the  Peace  Conference  then  in 
session  in  Washington,  and  had  assurances  that  that  body 
would  agree  upon  a  plan  of  adjustment  that  would  be 
entirely  acceptable  to  Maryland — that  the  proposition 
before  the  Conference  known  as  the  Guthrie  plan,  was  a 
fair  and  proper  basis  of  compromise  and  settlement.  He 
also  informed  me  in  the  course  of  our  interview,  and  in 
answer  to  a  direct  enquiry  from  me  on  that  point,  that  in 
the  event  of  the  Federal  Government's  attempting  to 
coerce  the  seceded  States,  that  he  wrould  interpose  no  ob- 
jection to  the  marching  or  transporting  of  troops  through 
his  State,  and  their  embarkation  at  Baltimore  by  the 
Federal  Government  for  that  purpose — that  as  chief  magis- 
trate of  the  State  he  had  no  power  to  prevent  it,  as  it 
would  not  be  an  invasion  of  his  State — and  that  he  would 
not  convene  the  Legislature  under  such  circumstances  that 
they  might  take  action  in  the  premises.  These  opinions 
and  views  of  the  Governor's  I  have  reasons  to  believe  are 
not  entertained  by  a  majority  of  the  people  of  Maryland. 
Indeed,  I  have  no  doubt  that  the  people  there  would 
spontaneously  rise  en  masse  and  resist  the  invaders,  though 
it  encrimsoned  their  soil  with  the  best  blood  of  the  State. 
The  people,  then,  in  my  humble  judgment,  are  true  to  the 
memories  of  the  past.  They  are  a  gallant,  patriotic,  and 
brave  people,  whose  feelings  and  sympathies  are  warmly 
enlisted  in  our  cause ;  and  although  some  of  them  do 
entertain  the  opinion  that  we  have,  perhaps,  acted  pre- 
cipitately, they  acknowledge  that  our  action  is  fully 
justified  by  the  events  of  the  past,  and  declare  their  deter- 
mination to  assist  us  if  need  be,  in  sustaining  our  inde- 
pendence. It  is  greatly  to  be  regretted  that  such  a  gallant 
people  should  be  prevented  by  their  own  officials,  how- 
ever high  they  may  be,  from  giving  an  authoritative 
expression  of  their  conviction,  and  of  taking  such  action, 
as,  in  their  judgment,  the  affairs  of  the  country  demand. 


332 


APPENDIX. 


Without  the  consent  of  Gov.  Hicks,  neither  the  Legisla- 
ture nor  an  authorized  Convention,  can  be  assembled,  and 
I  have  no  hesitancy  in  stating  that  he  will  never  convene 
either.  If  Virginia  shall  withdraw  from  the  Union,  the 
people  of  Maryland  will,  in  the  shortest  possible  period  of 
time,  assume  the  responsibility,  assemble  in  spontaneous 
Convention,  and  unite  their  destinies  with  the  Confederate 
States  of  the  South. 

In  conclusion,  I  would  respectfully  add,  that  this  com- 
munication would  have  been  made  at  an  earlier  day,  but 
that  I  waited,  hoping  to  receive  an  answer  from  Gov.  Hicks, 
before  I  laid  before  your  body  the  result  of  my  mission. 
I  have  the  honor  to  be,  very  respectfully, 

Your  ob't.  serv't., 

A.  R.  WRIGHT. 

■ 

Annapolis,  Md.,  February  25th,  1S61. 

To  his  Excellency  Thomas  H.  Hicks,   Governor,  §'c. 

Sir  :  I  have  the  honor  herewith  to  enclose  to  your  Excellen- 
cy a  copy  of  "an  Ordinance  to  dissolve  the  Union  between 
the  State  of  Georgia  and  other  States,  under  a  compact  of 
Government  entitled  'The  Constitution  of  the  United 
States  of  America,"'  passed  by  the  people  of  Georgia,  in 
Convention  recently  assembled,  at  the  Capitol  in  Milledge- 
ville  ;  also,  a  copy  of  an  Ordinance  passed  by  the  same 
body  for  the  appointment  of  Commissioners  to  each  of  the 
non-seceded  slaveholding  States ;  together  with  my  ap- 
pointment as  the  Commissioner  of  Georgia  to  the  State  of 
Maryland. 

The  Ordinance  creating  the  office  I  have  the  honor  to 
hold,  makes  it  a  part  of  my  duty  to  urge  upon  the  State 
of  Maryland  the  policy  of  withdrawal,  or  secession,  from 
the  power  known  as  the  United  States,  and  co-operation 
with  the  State  of  Georgia,  and  other  independent  Southern 
States,  in  the  formation  of  a  new  Confederation  and  Union, 
for  the  mutual  defence,  protection  and  welfare  of  the 
Southern  States,  and  for  the  promotion  of  the  happiness  of 
their  citizens. 

The  people  of  Georgia  have  labored  for  years  past,  with 
anxious   solicitude,   for  the  preservation  of  the  Federal 


APPENDIX. 


333 


Union,  and  have  made  many  sacrifices,  both  of  rights  and 
of  honor,  to  avoid  the  dire  necessity  of  resistance  to  Fed- 
eral encroachments,  and  Northern  insults  and  injuries. 
This  pacific  and  yielding  policy  of  her  people,  has  been 
received  at  the  North  as  merely  increasing  evidence  of  our 
weakness  and  utter  dependence  upon  the  Federal  Union  for 
protection  and  happiness. 

It  cannot  be  denied  that  for  more  than  thirty  years,  the 
Northern  people  have  been  waging  a  violent,  inflamatory 
and  wholy  unjustifiable  war  upon  the  institution  of 
domestic  slavery  as  it  exists  in  the  Southern  States — an 
institution  which  underlies  our  whole  social  system,  and 
upon  the  perpetuity  of  which,  depends  in  a  large  degree, 
the  wealth,  prosperity,  and  general  welfare  of  the  entire 
South. 

First  commencing  their  attacks  upon  slavery  in  the 
States,  they  continued  their  assaults,  until  the  united 
South,  assisted  by  a  large  and  respectable  portion  of  the 
people  of  the  non-slaveholding  States,  with  common  intent, 
met  at  the  ballot  boxes  of  the  country,  and  overwhelmed 
them  with  defeat  and  shame.  The  old  "Abolitionist" 
party  proper,  never  commanded  the  respect,  nor  received 
the  support  of  any  considerable  number  of  the  Northern 
people;  and  hence  their  attacks,  although  highly  insulting 
and  highly  aggravating  in  their  character,  and  clearly 
violative  of  their  constitutional  obligations,  were  harm- 
less, except  so  far  as  they  tended  to  inflame  the  passions, 
arouse  the  jealousies,  and  excite  the  hatred  of  the  South- 
ern mind. 

The  people  of  Georgia,  while  they  have  ever  abhorred 
the  canting  philanthropy  and  the  religious  intolerance, 
and  treasonable  machinations  of  the  "abolitionists,"  have 
heretofore  cherished  a  kindly  and  fraternal  regard,  and  on 
all  suitable  occasions,  have  manifested  a  warm  and  cordial 
appreciation  of  the  intelligence,  virtue  and  patriotism  of 
the  great  body  of  the  Northern  people,  who  have  in  the 
past  so  nobly  breasted  the  popular  clamour  and  blind 
fanaticism  of  their  own  section,  in  defence  of  the  Consti- 
tutional rights  of  the  South. 

The  increase  of  our  public  domain  acquired  by  our 
contest  with  Mexico — a  contest  in  which,  without  dispar- 


334 


APPENDIX. 


agement  to  any,  it  may  be  said  that  the  South  contributed 
as  much  of  men  and  of  means,  and  shared  as  much  of  the 
common  glory  won  upon  those  ensanguined  battle  fields, 
as  any  other  portion  of  the  Confederacy— gave  birth  to  a 
new  organization,  which  sprung  from  the  dead  body  of 
abolitionism,  having  for  its  avowed  object  the  preservation 
of  this  acquisition  from  what  they  were  pleased  to  term 
the  "blasting  effects  of  involuntary  servitude." 

Disappointed  office  hunters,  ambitious  politicians,  and 
corrupt  demagogues,  found  here  a  common  ground  from 
which  to  make  their  assaults  upon  the  Constitution  and 
the  Union,  and  by  which,  they  were  borne  into  importance 
and  power.  The  result  of  the  recent  Presidential  election 
has  shewn  but  too  well  the  sagacity  of  their  movement, 
and  the  success  of  their  organization,  had  we  not  been 
already  convinced  of  their  power — and  their  power  for 
harm — by  their  absolute  control  of  the  State  Governments 
of  the  entire  anti-slavery  portion  of  the  Confederacy. — 
Contemporaneous  with  the  success  of  this  corrupt  and 
treasonable  organization,  has  been  the  melting  away  of  the 
old  conservative  element  there,  until  it  has  ceased  to  be 
able  to  make  itself  potent  for  the  preservation  of  our  Con- 
stitutional rights. 

It  is  hardly  necessary  that  I  should  attempt  to  enumerate 
the  several  acts  of  this  new  organization,  for  "they  are 
read  and  known  of  all  men,"  which  have  impelled  the 
people  of  Georgia  to  the  extreme  measure  of  a  total  dis- 
olution  of  the  bonds  by  which  they  were  joined  and 
confederated  with  the  States  of  the  North  in  a  common 
government.  They  have  passed  laws  insulting  and  op- 
pressive to  us,  and  in  open  violation  of  the  express  letter 
of  the  Constitution ;  they  have  sought  by  acts  of  the 
Federal  Congress  to  deprive  us  of  all  right  to  participa- 
tion in  the  settlement  of  our  common  Territories;  they 
have  set  on  foot  and  organized  emigrant  aid  societies,  for 
the  purpose  of  sending  foreign  and  pauper  immigrants 
into  the  Territories  of  the  Union,  to  crush  out  and  prevent 
immigration  to  those  Territories  from  the  Southern  States; 
they  have  enticed  from  service  our  slaves,  and  refused, 
though  the  demand  was  made  upon  a  clear  and  indis- 
putable provision  of  the  Constitution,  to  deliver  them  up 


APPENDIX, 


2S5 


to  the  lawful  posession  of  their  owners;  they  have  with 
force  and  violet  ee  rescued  our  slaves  from  the  possession 
of  their  masters  who  have  been,  with  their  families,  tem- 
porarily sojourning  in  the  Northern  States;  they  have 
unlawfully  torn  from  Southerners,  who  have  been  forced  by 
stress  of  weather  to  touch  at  their  ports,  their  en- 
tire property  in  domestic  slaves,  and  their  Courts  of 
Justice,  (so  called)  have  sustained  them  in  the  robbery; 
they  have  attempted  by  inflamatory  and  incendiary  appeals 
made  through  the  public  presses,  to  incite  our  slaves  to 
rebellion  and  insurrection :  they  have  refused  to  render  up 
for  trial  fugitives  from  justice,  flying  from  crimes  commit- 
ted at  the  South,  whenever  the  crimes  with  which  they 
were  charged  were  committed  in  relation  to  slavery,  al- 
though the  Federal  Constitution  declares  it  their  duty  so  to 
deliver  thern  up;  they  have  invaded  the  soil  of  a  sister 
Southern  State  with  an  armed  force,  for  the  purpose  of 
exciting  insurrection,  and  have  murdered  in  cold  blood  her 
quiet  citizens :  they  have  refused  to  deliver  up  for  trial  in- 
dividuals charged  with  being  accessory,  before  the  fact,  to 
such  invasion,  insurrection  and  murder;  they  have,  in 
their  State  Legislatures,  passed  laws  making  it  felony,  and 
punishable  with  imprisonment  for  terms  extending  from 
two  to  hfteen  years,  for  a  master  to  assert  upon  their  soil 
his  rights  to  a  fugitive  slave;  and  finally,  they  have  by  a 
combination  of  all  the  elements  of  antagonism  to  Southern 
institutions,  in  the  non-slavehoiding  States,  succeeded 
recently  in  the  election  of  Abraham  Lincoln  to  the  Presi- 
dency of  the  Lmited  States,  upon  a  platform  of  principles 
alike  sectional  in  their  character,  and  dangerous  to  the 
peace,  welfare,  and  domestic  tranquility  of  the  slavehold- 
ing  States. 

With  these  startling  facts  before  our  eyes,  what  reason- 
able hope  can  be  entertained  that  the  Northern  mind  will 
undergo  a  change — will  yield  its  prejudices?  Can  it  be 
expected  that  a  party  which  has  been  so  long  strusffrling 
for  power  upon  an  issue  so  inwoven  with  their  religious 
fanaticism,  will,  in  the  full  flush  of  their  first  and  most 
decided  victory,  renounce  the  principles,  and  deny  the  faith 
which  has  alone  secured  them  place  and  power"?  They 
know  but  too  well  that  utter  ruin  and  disgrace  at  home, 


336 


APPENDIX. 


would  follow  close  upon  any  adjustment  or  compromise 
which  they  might  make,  that  would  be  satisfactory  to  the 
South.  The  long-gathering  and  destructive  political  storm 
which  has  recently  swept  the  North  from  Maine  to  Min- 
nesota, is  but  an  earnest  of  the  deep  hatred  and  determined 
hostility  of  their  people  to  our  institutions.  And  now 
that  the  first  shock  of  the  tornado  has  been  received,  and 
its  fury  spent  upon  our  heads,  is  there  yet  discernable  any 
indication  of  returning  calm  and  quiet?  Who  has  been 
able,  up  to  this  moment,  to  discern  a  single  ray  of  hope 
in  the  dark  and  lowering  northern  horizon  ?  What  clove 
of  promise  has  discovered  the  "dry  land  and  the  olive 
branch"  in  that  great  sea  of  intolerance  and  hatred? 

The  very  existence  of  the  Kepublican  party  is  depend- 
ing upon  their  firm  and  unwavering  determination  to  en- 
force by  all  possible  means  the  policy  of  crushing  out  Af- 
rican slavery  in  all  its  conditions  and  in  all  its  strongholds. 
The  irrepressible  conflict  with  them  is  but  just  begun.  Their 
mission  is  to  annihilate  slavery  from  the  American  conti- 
nent, and  to  know  no  diminution  of  their  labour  until  that 
object  is  accomplished.  Do  the  Northern  people  intend  to 
retrace  their  steps  ?  Then  why,  as  State  after  State  has 
fallen  from  the  Union,  as  star  after  star  has  been  blotted 
from  their  flag,  have  they  not  long  ere  this,  given  us  an 
earnest  of  their  desire  for  conciliation  and  compromise  ? 

With  a  commanding  majority  in  both  branches  of  the 
National  Legislature  the  Northern  States  have  failed,  and 
refused,  to  take  any  action  which  would  lead  to  the  least 
surrender  of  their  treasonable  designs,  or  afford  the  slight- 
est encouragement  to  the  Southern  mind,  of  their  willing- 
ness to  perform,  in  good  faith,  their  constitutional  obliga- 
tions. Weeks  and  months  have  been  passed  in  the  Federal 
Capital  by  the  Representatives  of  the  Nation,  and  not  a 
single  indication  of  returning  wisdom  has  been  given  to 
our  people.  And  while  the  whole  powers  of  the  Federal 
Government  have  been  taxed  to  their  utmost  limits,  in  ef- 
forts to  intimidate  and  coerce  the  Southern  people,  the  sub- 
ject of  their  grievances  has  been  kept  buried  in  the  com- 
mittee rooms  of  both  houses  of  Congress,  while  day  after 
day  have  our  Representatives  urged,  nay  implored,  immedi- 
ate and  pacific  action.    The  Executive  at  Washington,  as  the 


APPENDIX. 


337 


storm  gathered  close  and  thick  around  him.  has  discarded 
his  long-tried  and  faithful  advisers,  and  has  called  to  the 
supreme  control  of  affairs  both  civil  and  military,  a  dis- 
appointed, ambitious  military  chieftain,  whose  only  merit 
for  such  a  trust  is  his  partiality  for  soup  and  slaughter  and 
his  lint  red  of  Southerners  and  slavery. 

And  even  now  when  seven  sovereign  States  have  with- 
drawn from  all  connexion  with  the  Federal  Government — 
when  the  entire  South  is  alarmed  and  irritated  by  the  suc- 
cess of  the  Republicans,  they  attempt  to  allay  their  fears 
and  quiet  their  apprehensions  by  a  display  of  Military 
force  at  and  around  Washington,  and  the  adjoining  States 
of  Maryland  and  Virginia,  wholly  incompatible  with  the 
safety  of  those  States,  and  utterly  destructive  to  their 
liberties.  These  are  the  overtures  of  peace  extended  to  us 
now  by  the  Northern  Federal  Government.  Scott  and  scor- 
pions, cannon  and  cartridge. 

But  could  the  South  in  safety  again  rely  upon  the  pledges 
of  the  North,  were  they  in  the  possibility  of  events  to  be 
offered  anew  to  us  V  What  paper  writing  more  solemn — 
what  instrument  so  sacred — what  compact  so  clear — what 
compromise  so  just  as  the  Constitution  of  the  United 
States?  yet  they  have  violated  its  spirit,  broken  its  letter,, 
and  destroyed  its  vitality.  By  what  bonds  can  such  a 
people  be  held  V  They  ignore  the  Bible,  violate  oaths — 
nullify  the  laws,  and  Pharisaically  call  upon  Jehovah  to 
guide  and  support  them  in  their  infamous  course. 

These  are  a  few  only  of  a  long  series  of  acts  of  hostility 
to  the  institutions  of  her  people  that  have  forced  the  State 
of  Georgia  to  dissolve  forever  her  connexion  with  the 
Federal  Government,  and  to  declare  herself  what  of  right 
she  is,  and  ought  to  he,  a  free,  sovereign  and  independent  State. 

Georgia  feels  that  she  has  not  alone  suffered  wrong  and 
injustice  from  the  Northern  States.  Neither  is  it  her  indi- 
vidual wrong  only,  which  has  caused  her  recent  action. 
She  feels  intensely  the  wrongs  done  and  injuries  inflicted 
upon  her  sister  Southern  States;  and  while  it  is  true  that 
her  people  have  perhaps  suffered  less  in  some  respects,  than 
the  people  of  Maryland  and  the  entire  border  Southern 
States,  she  no  less  makes  their  wrongs  her  wrongs,  and 
their  cause  her  cause,  and  is  prepared  to  take  common 
22 


•338  APPENDIX. 

action  with  her  sister  States,  for  the  preservation  of  their 
common  liberties,  and  the  defence  of  their  common  rights 
at  all  hazards,  and  to  the  last  extremity. 

The  right  of  Georgia  to  secede  from  the  Federal  Union 
for  existing  causes  she  does  not  admit  to  be  a  debatable 
question.  As  a  sovereign  State  she  threw  off  her  allegiance 
to  Great  Britain  in  177G.  As  a  sovereign  independent 
State  in  J7SS,  she  ratified  and  adopted  the  Federal  ConstL 
Jtution  ;  and  as  a  sovereign  State  she  has  now  repealed  and 
-annulled  her  former  adoption  and  ratification  of  that  Con- 
stitution, and  has  set  up  for  herself  an  independence  and 
equality  among  the  nations  of  the  earth,  which  she  expects 
and  demands  shall  be  clearly  and  explicitly  recognized  and 
admitted.  Still,  recalling  the  blessings  enjoyed,  the  wealth 
power  and  happiness  conferred  upon  her  people,  in  the 
earlier  days  of  the  Republic  under  the  operation  of  the 
Federal  Union,  and  the  Constitution  as  expounded  and  en- 
forced by  the  patriot  fathers  of  those  days,  she  is  anxious 
to  associate  herself  with  the  slaveholding  States,  in  a  new 
confederated  Republic  upon  the  basis  of  the  old  Union,  and 
has  elected  delegates  to  represent  her  people  in  a  Southern 
^Convention  now  assembled  at  the  city  of  Montgomery  in 
the  State  of  Alabama,  for  the  purpose  of  organizing  a  pro- 
visional government  for  the  seceding  States,  and  the  adop- 
tion of  a  constitution,  and  the  establishment  of  a  more 
perfect  union  among  her  several  sister  Southern  States. 

In  this  great  work  of  re-organization  she  cordially  in- 
vites the  co-operation  and  assistance  of  the  State  of  Mary- 
land. She  is  not  unmindful  of  the  past  history  of  your 
noble  State,  neither  has  she  forgotten  the  proud  name 
that  cluster  in  undying  glory  upon  the  broad  pages  of  your 
State's  history.  The  people  of  Georgia  feel  a  just  and 
proper  pride  in  the  fame,  the  virtue,  the  intelligence  and 
patriotism  of  your  statesmen ;  while  the  courage  and 
bravery  of  your  sons  in  the  field  have  made  their  names 
as  familiar  to  her  people  as  "  household  words,"  The  past 
of  Maryland  gives  strong  encouragement  to  Georgia  to 
hope,  that  in  the  present  trying  exigency  in  which  she,  with 
her  Southern  sisters,  from  no  fault  of  their  own,  find  them- 
selves placed,  your  gallant  State  will,  though  slowly  it 
may  be,  yet  surely  be  found  side  by  side  with  the  firmest 


APPENDIX.  339 

in  determined  resistance  to  Black  Republican  rule.  Mary- 
land owes  this  to  herself  no  less  than  to  the  other 
Southern  States.  The  wealth,  population  and  commercial 
importance  of  her  great  Metropolis,  Baltimore,  point  out 
that  city  as  the  great  commercial  and  financial  centre  of 
the  Southern  Republic.  Under  the  oppression  and  unequal 
administration  of  the  present  Federal  Government,  she  has 
maintained  the  third  rank  in  the  list  of  American  cities. 
That  she  has  natural  and  artificial  advantages  equal,  if  not 
superior  to  New  York  and  Philadelphia,  is  plain  to  the 
commonest  observer.  Under  a  friendly,  or  even  a  fair 
system  of  government,  she  would  soon  take  rank  among 
the  first  cities  of  the  world.  As  long  as  Maryland  con- 
tinues a  dependency  upon  the  Northern  Federal  Govern- 
ment, restrictions,  limitations  and  discriminations,  will 
continue  to  be  made  against  her  commercial  interests,  and 
prosperity.  Baltimore,  from  her  natural  advantages,  no 
less  than  from  her  varied  and  extended  commercial  relations 
with  the  civilized  world,  will  become  the  great  importing 
agent  for  the  entire  South ;  whilst  her  facilities  for,  and 
her  great  proficiency  in  the  art  of  ship-building  will  make 
her  the  carrier  of  our  immense  productions  of  rice,  grain, 
cotton  and  sugar. 

I  cannot  attempt  in  this  place  to  point  out  fully  all  the 
material  advantages  to  be  gained  by  your  State,  by  a 
cordial  co-operation  with  the  seceding  States;  nor  do  I 
think  it  proper  or  becoming  in  me,  as  the  representative  of 
Georgia,  to  urge  your  action  upon  such  sordid  and  selfish 
considerations. 

Georgia  knows  and  feels  the  great  embarrassments  which 
surround  the  State  of  Maryland,  and  which  renders  her 
position  a  critical,  and  it  may  be  a  dangerous  one.  Still 
she  feels  that  the  descendants  of  Chase,  of  Carroll,  and  of 
Hauson  and  Me  Henry,  can  never  be  long  deterred  from 
proper  action,  by  a  consultation  with  their  fears.  Georgia 
is  fully  informed  of  the  ample  preparations  made  by  the 
Federal  Government  to  enforce  from  Maryland,  even  at 
the  point  of  the  bayonet,  if  need  be,  obedience  to  her  will. 
She  regrets  that  the  seeming  doubtful  policy  of  your  State, 
and  her  hesitation  in  taking  a  prompt  and  decided  position 
with  her  Southern  sisters  in  demanding  redress  of 'her 


340 


APPENDIX. 


grievances,  has  entailed  upon  her  people  the  armed  occu- 
pation by  the  Federal  troops,  of  the  fortresses  within  her 
borders,  which  were  designed  and  constructed  for  her  safe- 
ty and  defence.  We  are  sensible  that  your  position  nowv 
is  far  worse  than  it  wras  a  few  weeks  past;  that  the  Federal 
Government  anticipating  your  probable  action  in  defence 
of  your  liberties,  has,  with  a  view  to  crush  in  its  incipi- 
ency,  any  feeling  of  resistance  to  her  foul  domination, 
placed  cords  about  you  that  will  be  difficult  to  sever. 
Yet  the  danger  of  your  position  only  increases  our  solici- 
tude for  your  future  action;  while  Georgia  would  not  desire,, 
much  less  advise  your  State  to  inaugurate  any  movement 
which  should  unnecessarily  increase  your  difficulties  and 
dangers,  she  is  nevertheless  anxious  that  you  should  be 
permitted  to  act  entirely  free  from  Federal  influence  and 
Federal  arms. 

To  this  end  she  authorizes  me  to  declare  to  you,  and 
through  you  to  the  people  of  your  noble  State,  that  to  the 
full  extent  of  her  ability  she  is  determined  to  assist  and 
support  you  in  any  action  which  jour  State  may  decide  to 
adopt  for  the  preservation  of  your  rights  and  liberties. 
Your  cause  Georgia  makes  her  cause,  your  quarrels  her 
quarrels,  and  your  dangers  her  dangers.  The  report  of 
the  first  Federal  gun  fired  upon  your  soil,  as  it  falls  upon 
the  ears  of  our  hardy  sons  will  call  to  your  side  from  their 
forest  homes  upon  mountain  top  and  low  land,  a  body  of 
freemen,  whose  valor  and  prowess  will  make  them  no  mean 
match  for  Federal  mercenaries. 

The  State  of  Georgia  has  taken  her  position  after  a  full 
and  careful  consideration  of  all  her  grievances  and  difficul- 
ties, and  with  a  full  knowledge  of  the  many  embarrass- 
ments to  be  encountered  in  her  new  character,  yet  she  is 
determined  to  take  no  step  backward.  Having  dissolved 
the  ties  which  bound  her  to  the  Federal  Union,  she  casts 
no  longing  eyes  towards  the  past.  There  is  now  no  more 
"  hankering  after  the  flesh  pots  of  Egypt"  among  her 
people.  Having  for  years  past  interceded — nay,  implored 
our  Northern  Confederates  for  simple  justice — never  having 
at  any  period  of  our  history  ever  asked  for  special  privileges 
for  our  section;  having  plainly  and  fairly  informed  the 
Northern  States  of  our  determination  to  resist,  even  to  a 


APPENDIX. 


341 


disruption  of  the  Union,  all  other  and  farther  encroach- 
ments upon  our  rights,  we  feel  that  we  shall  be  fully  justi- 
fied by  the  enlightened  public  sentiment  of  the  civilized 
world  in  the  action  we  have  taken. 

We  have  determined  to  listen  to  no  more  compromises  with 
the  Northern  States.  They  have  proved  faithless  in  all 
their  pledges  heretofore  given,  and  we  can  have  no  assur- 
ance from  such  a  people  that  they  would  carry  out  any  of- 
fer or  settlement,  which  may,  through  their  fears  be  now 
extorted  from  them.  Georgia  warns  Maryland  against  any 
patched  up  adjustment  of  existing  difficulties.  While  Mary- 
land would  feel  bound  in  honor  to  abide  such  adjustment 
in  good  faith,  if  made,  her  Northern  confederates  would  up- 
on the  first  occasion  which  promised  advantage  to  their  cu- 
pidity, entirely  disregard  and  violate  their  compact. 

Even  if  the  slavery  efuestion  were  now  settled  to  the  en- 
tire satisfaction  other  people,  Georgia  would  be  unwilling 
again  to  confederate  with  a  people  whose  views  of  the 
power  of  the  Federal  Government  are  so  entirely  different 
from  her  own.  While  a  member  of  the  late  confederacy, 
she  did  not  yield  her  sovereignty  as  a  free  and  independent 
State,  except  so  far  as:  was  granted  by  the  express  letter  of 
the  Constitution. 

The  power  of  the  Federal  Government,  she  has  always 
contended  was  restricted,  limited  and  confined  within  the 
letter  of  that  instrument.  In  the  opinion  of  our  people,  the 
framers  of  the  constitution  rested  its  support  and  power 
upon  the  consent  ot  the  people  of  the  different  confederated 
States,  and  never  contemplated  the  employment  of  force 
against  a  sovereign  State,  to  coerce  its  submission  to,  or 
continuance  in  a  confederation,  deemed  by  its  people  op- 
pressive and  tyranical.  Our  fathers  had  but  too  recently 
felt  the  necessity  which  forced  a  loyal  and  true  people  to 
throw  off  a  e;ovemment,  which  proudly  claimed  to  be  the 
only  power  on  the  Globe,  whose  citizens  were  secured  in 
the  enjoyment  of  constitutional  liberty.  With  the  experi- 
ence of  the  then  recent  past,  the  statesmen  of  17SS-9, 
looked  with  far-seeing  sagacity,  to  the  possibility  of  a  loss  of 
their  liberties  so  dearlv  won,  unless  the  new  Government 
about  to  be  adopted  for  their  protection,  should  be  so  limit- 
ed and  confined  in  its  powers,  and  so  arranged  in  its  details, 
• 


342 


APPENDIX. 


as  to  receive  its  entire  force,  efficacy  and  power,  from  the 
enlightened  public  sentiment  of  the  country,  the  full,  free, 
and  cordial  assent  of  the  governed.  This  has  always  been 
the  view  entertained  at  the  South,  in  regard  to  the  powers 
of  the  Federal  Government.  Indeed,  one  of  the  New  Eng- 
land States,  one  which  now  denies  the  sovereignty  of  the 
several  States,  and  is  urging  the  government  at  Washington, 
to  use  the  power  of  the  Army  and  Navy  to  reduce  to  subjec- 
tion the  seceding  Southern  States,  on  no  less  than  two  occa- 
sions in  its  past  history?  has  claimed  for  itself  the  right  to 
judge  of  the  infractions  of  the  Federal  Constitution,  and  to 
assert  its  right  and  duty  to  dissolve  all  further  connexion 
with  the  Federal  Union.  The  doctrine  of  State  Eights  and 
State  Sovereignty,  as  ennunciated  and  declared  in  the  "  Vir- 
ginia-Kenluchj"  resolutions  of  '79,  we  have  held  to  be 
the  chief  safeguards  of  the  liberties  of  the  American  people* 
For  the  first  time  in  our  national  history  this  doctrine  has 
been  ignored  and  denied  by  a  commanding  majority  of  the 
States  of  the  Union. 

Our  safety  requires  that  we  should  look  now  alone  to 
our  own  efforts  and  resources,  for  the  protection  of  our  lib- 
erties and  property,  so  emphatically  denied  to  us  by  our 
Northern  associates. 

Maryland,  in  the  opinion  of  Georgia,  cannot  with  safety 
to  her  citizens*,  continue  longer  in  confederation  with  the 
States  of  the  North.  And  while  we  would  not  attempt  to  . 
advise  a  people  of  such  known  intelligence  and  patriotism 
as  to  their  duty  in  this  trying  emergency,  the  fraternal  re- 
gard we  have  ever  borne  towards  your  State,  and  the  deep 
solicitude  which  as  brethren  sprang  from  the  same  ancestry, 
with  institutions  so  identical  and  interests  so  reciprocal,  im- 
pels us  to  give  you  our  solemn  warning  of  the  dangers  which 
surround  you,  and  which  threaten  in  our  honest  judgment, 
to  destroy  your  domestic  institutions,  and  impede  the  pros- 
perity and  wealth  of  your  noble  State. 

Having  with  the  kindest  feelings  and  purest  motives  done 
this,  we  are  content  to  leave  the  issue  with  the  good  sense 
and  patriotism  of  your  people. 

Very  Respectfully, 

Your  obedient  servant, 

A.  R.  WRIGHT, 
Commissioner  from  Georgia. 


APPENDIX. 


343 


[Report  of  Samuel  Hall,  Esq.,  Corkmissiomr  from  Georgia  to 
North  Carotinu.l 
Oglethorpe,  Ga.,  13th  March,  1861, 

Dear  Sir  : — 

Having  been  honored  by  the  Convention  of  the  people 
of  Georgia  with  the  appointment  of  Commissioner  to  North 
Carolina,  to  lay  before  the  Convention  or  Legislature  of 
that  State,  if  either  should  be  in  session,  and  if  not,  before 
the  Governor,  the  ordinance  by  which  Georgia  seceded 
from  the  late  government  of  the  United  States,  and  to  in- 
vite the  co-operation  of  North  Carolina,  with  her  and  other 
States  that  had  seceded  or  might  secede,  in  the  formation 
of  a  Southern  Confederacy,  I  took  my  departure  early  in 
February  last,  and  reached  Raleigh  on  the  eleventh  of  that 
month.  On  that  day  I  waited  upon  his  Excellency,  John 
W.  Ellis,  the  Governor  of  the  State,  and  made  known  to 
him  my  appointment  and  the  purpose  of  my  mission.  He 
received  me  with  cordiality  and  entered  into  the  purposes 
of  this  State  with  a  cheerfulness  and  spirit  which  convinced 
me  that  the  people  of  his  State  still  held  us  in  high  regard 
and  cherished  for  us  sincere  respect  and  esteem.  The  Le- 
gislature being  in  session,  his  Excellency  promptly  commu- 
nicated to  them  my  commission  with  the  accompanying 
ordinance  of  secession.  In  response  to  this  communication 
the  "  General  Assembly,"  by  a  vote  of  both  houses,  ap- 
pointed a  joint  committee  to  wait  upon  me,  to  tender  the 
privilege  of  the  floor  and  invite  me  to  address  that  honora- 
ble body  upon  the  subject  of  my  mission.  Every  hospital- 
ity was  offered  and  every  attention  was  paid  to  your  Com- 
missioner. Individually,  I  appropriated  none  of  this  to 
myself,  but  received  it  as  a  mark  of  respect  to  my  State. 

Having  accepted  the  invitation  extended  to  me  to  address 
the  "  General  Assembly,"  I  was,  on  Wednesday  evening,, 
the  13th  February,  introduced  to  them  by  the  chairman  of 
their  joint  committee.  Encouraged  by  the  assurance  given 
me  in  this  introduction,  that  the  Legislature  and  people  of 
North  Carolina  admitted  and  "  knew  that  the  wrongs  of 
which  we  complained  were  their  wrongs,"  "that  the  cause 
for  which  we  were  battling  and  preparing,  if  need  be,  to 
sacrifice  our  lives,  was  their  cause,"  that  they  recognized; 


344 


APPENDIX. 


us  as  "  their  kindred  "  and  "  would  never  turn  a  deaf  ear 
to  the  voice  that  came  up  from  us,"  I  proceeded  to  deliver 
an  address  setting  forth  the  causes  which  led  to  our  separa- 
tion, justifying,  according  to  the  measure  of  my  feeble  abil- 
ity, the  mode  and  measure  of  redress  we  had  adopted,  and 
vindicating  the  right  of  secession  as  regular,  lawful  and 
constitutional ;  holding  that  it  should  be  therefore  regarded 
as  peaceable.  Assuring  North  Carolina  of  the  cordiality 
wTith  which  she  would  be  welcomed  to  the  embrace  of  her 
ancient  confederate  and  ally,  I  endeavored  to  persuade  her 
that  she  would  find  her  true  interest,  prosperity  and  honor 
in  uniting  her  destiny  with  the  "  Confederate  States  of 
America."  That  the  affection  of  the  members  of  her  Le- 
gislature and  the  large  audience  of  her  sons  and  daughters 
that  honored  me  with  their  presence,  is  still  warm  and  strong 
for  their  former  sisters,  whose  safety  and  honor  required 
them  to  resume  the  powers  delegated  to  a  government 
which  has  failed  to  secure  the  one  or  regard  the  other,  I 
had  still  more  flattering  and  encouraging  proof  in  the  indig- 
nant and  universal  negative  response  made  to  the  question 
propounded,  "  whether  they  would  see  Federal  troops 
march  from  or  through  their  State  to  coerce  and  attempt 
to  subjugate  their  Southern  brethren." 

In  response  to  this  address,  I  was  charged  by  the  General 
Assembly,  through  their  accredited  organ,  the  Hon.  Henry 
T.  Clark,  Speaker  of  the  Senate,  to  bear  this  message  to 
the  people  of  Georgia: 

"  After  giving  this  momentous  question  our  best  and 
most  anxious  deliberation,  we  have  referred  it  to  the  sover- 
eign people  in  convention  assembled.  Their  judgment  and 
decision  will  form  the  guide  of  our  faith  and  the  rule  of  our 
conduct,  and  to  that  tribunal  alone  can  we  look  for  any 
authorized  response  to  the  friendly  counsels  and  sugges- 
tions of  our  fellow  suffering  sister  State.  But  without 
reference  to  the  amount  of  our  sympathy  or  the  extent  of 
our  co-operation  with  her  in  her  present  struggle,  we  will 
at  least  assure  her  that  no  hostile  foot  shall  ever  march 
from  or  through  our  borders  to  assail  her  or  hers." 

I  take  the  liberty  of  transmitting,  through  you,  to  the 
Convention,  a  copy  of  the  remarks  I  had  the  honor  to  sub- 
mit on  the  occasion. 


APPENDIX. 


3-1-5 


What  seated  to  me  the  greatest  obstacle  to  the  immedi- 
ate co-operation  of  North  Carolina  with  the  i:  Confederate 
States,*'  was  the  belief  entertained  by  the  larger  number  of 
her  citizens  that  the  11  Peace  Conference."  (so  called)  then 
in  session  at  Washington  city,  would  grant  the  demands  for 
new  guaranties  in  the  Constitution  made  by  Virginia  and 
North  Carolina  that  their  recommendation  would  be  sanc- 
tioned by  the  Congress  of  the  United  States,  and  adopted 
by  the  requisite  majority  of  the  States  remaining  in  the  old 
Confederacy  to  make  it  a  part  of  the  Constitution,  and  that 
upon  this  basis  an  entire  reconstruction  of  the  Union 
would  be  affected. 

In  combatting  this  view.  I  ventured  the  opinion  that  so 
far  as  the  action  of  the  "Peace  Conference""  and  Congress 
was  concerned,  this  confidence  would  be  disappointed;  but 
even  if  it  was  fully  met  and  siistained.  it  would  not  be  ac- 
ceptable to  the  States  that  had  seceded,  that  they  had  no 
objection  to  the  old  Constitution,  which,  when  properly 
interpreted  and  fairly  earned  out.  was  adequate  to  secure 
all  the  objects  for  which  it  was  formed  :  that  there  could 
be  no  more  solemn  or  binding  covenants  than  those  con- 
tained in  that  instrument,  the  fault  was  not  in  the  law  bur 
in  its  execution.  We  could  not  expect  the  Northern  peo- 
ple to  observe  new  compacts  better  them  they  had  observed 
the  old  ;  that  they  would  have  to  be  re-educated ;  their 
morals  would  have  to  be  reformed,  and  their  very  natures 
changed  before  we  could  again  stive  them  our  confidence  : 
that  so  far  as  we  were  concerned  the  separation  was  ;i  final 
and  irrevocable.'"  and  the  people  of  North  Carolina  were 
therefore  reduce!  to  the  necessity  of  choosing  between  an 
alliance  with  the  North  or  with  the  Confederate  States  of 
America.  I  was  tally  justified  in  my  statement  as  the  dis- 
position of  our  people  to  reconstruct,  by  the  declaration 
made  by  the  able  Commissioner  sent  by  the  Legislature  of 
North  Carolina  to  the  Southern  Congress  at  Alontgomery, 
who  reported  from  ample  meaus  of  information,  contempo- 
raneously with  my  arrival  at  Ealeigh.  that  the  persons  in 
the  Confederate  States,  in  favor  of  such  a  measure,  consti- 
tuted an  exceedingly  :._<: a -re  minority. 

That  I  was  right  as  to  the  action  of  Congress  and  the 

Peace  Conference."  subsequent  events  have  fully  estab- 


346 


APPENDIX. 


lished.  I  have  delayed  this  communication  that  I  might 
lay  before  the  Convention  the  result  of  the  election  which 
took  place  in  North  Carolina  on  the  28th  ult. 

The  question  submitted  to  the  people  by  the  act  of  the 
legislature  was  whether  they  would  call  a  Convention. 
Those  voting  for  a  Convention  were  generally  understood 
to  be  in  favor  of  separate  State  action  as  a  step  preparatory 
to  co-operation  with  their  Southern  sisters.  The  short 
time  that  elapsed  between  the  passage  of  the  act  and  the 
election  precluded  the  possibility  of  any  thing  like  a  thorough 
canvass  of  the  State  ;  _in  fact,  it  is  only  within  the  last 
ninety  days  that  the  subject  began  to  be  agitated  in  public 
meetings.  The  friends  of  separate  State  action  were  then 
few,  but  now  they  number  nearly  fifty  thousand.  Their 
defeat  in  the  recent  election  by  a  popular  majority  of  less 
than  one  thousand  gives  us  no  reason  to  feel  discouraged. 
The  election  occurred  on  the  day  after  the  "Peace  Confer- 
ence" adjourned,  and  I  am  informed  from  sources  entitled  to 
the  highest  credit,  that  the  result  was  brought  about  by 
dispatches  sent  to  the  central  and  western  portions  of  the 
State,  announcing  that  the  ''Conference"  had  agreed  upon 
a  satisfactory  adjustment,  which  would  certainly  be  adopted 
by  Congress.  If  such  means  were  resorted  to,  we  can  only 
calculate  with  greater  certainty  upon  the  reaction  which 
will  occur  in  popular  sentiment ;  indeed  it  is  now  said  that 
the  reaction  has  already  taken  place,  and  that  the  advocates 
of  separate  State  action  and  an  alliance  with  the  South 
have  a  decided  majority  of  the  suffrages  of  the  State.  A 
delegate  to  that  Conference,  who,  prior  to  its  meeting,  was 
an  ardent  friend  of  the  Union,  has,  since  his  return,  stated 
to  his  constituents  that  their  propositions  for  amendments 
to  the  Constitution,  Were,  five  distinct  times,  voted  down 
by  large  majorities,  and  that  in  lieu  thereof  (as  is  apparent 
to  every  one  at  all  accpiainted  with  the  scheme  proposed) 
that  they  were  thereby  prohibited  from  exercising  the  right 
they  now  have  of  going  into  the  territories  north  of  36  deg. 
30  miu.  north  latitude  with  their  slaves,  while  their  right 
to  emigrate  with  that  species  of  property  to  the  territories 
south  of  that  line  will  depend  upon  the  interpretation  placed 
upon  the  common  law  by  judges  deadly  hostile  to  their 
interests,  insult  is  added  to  this  certain  exclusion  by  de- 


APPENDIX. 


347 


manding  the  recognition  by  the  Southern  States  remaining 
in  the  old  confederacy,  of  free  blacks  as  citizens  of  the 
Northern  States  which  they  inhabit  and  by  extending  to  them 
all  the  rights  and  privileges  of  citizens  of  the  several  States  ; 
this  plan  has  rendered  the  fugitive  slave  law  (already  an 
insufficient  protection  to  the  rights  of  the  South)  worse 
than  a  dead  letter,  by  guaranteeing  payment  to  the  owner 
of  the  slave  out  of  the  Federal  treasury,  whenever  such  a 
fugitive  is  withheld  iroin  the  custodv  of  his  master  by  the 
action  of  a  Northern  mob  or  Northern  State  laws  and  tribu- 
nals ;  thus  holding  out  a  direct  inducement  to  the  aboli- 
tionists to  free  the  slaves  of  those  people  and  to  compel 
them  to  use  their  own  means,  at  least  in  part,  and  in  great 
part,  too,  to  compensate  themselves  for  their  losses.  This 
scheme  was  voted  against  by  North  Carolina,  Virginia  and 
Missouri  in  the  conference,  and  the  delegate  above  alluded 
to  has  advised  his  constituents  that  their  only  safety  is  in  a 
Union  with  their  Southern  sisters.  I  believe,  from  all  that 
I  can  learn,  that  a  very  large  majority  of  them  are  agreed 
with  him  as  to  the  character  of  this  cwicession,  and  that  they 
only  await  an  opportunity  to  give  effect  to  his  sound  and 
patriotic  advice.  Delay  in  this  respect  must  result  in  ma- 
terial injury  to  the  State  in  the  loss  of  its  slaveholding 
population,  with  the  property  held  by  it,  which  will  seek 
safety  by  emigrating  to  and  settling  in  the  Southern  Con- 
federate States.  Under  the*e  circumstances  I  cannot  doubt 
that  an  opportunity  will  be  afforded  at  an  early  day  to  the 
people  to  vote  again  upon  the  subject,  and  when  the  vote 
is  taken,  I  have  still  less  doubt  of  what  will  be  the  popular 
verdict.  I  therefore  confidently  anticipate,  in  a  very  short 
time,  the  co-operation  desired  and  invited  by  Georgia,  and 
that  we  shall  have  the  happiness  of  welcoming  with  open 
arms  and  joyful  hearts,  our  honored  and  loved  sister  to  our 
new  and  better  Union. 

I  have  the  honor  to  subscribe  myself 
Very  respectfully, 

Your  obedient  servant, 

SAMUEL  HALL. 

To  Hon.  George  W.  Crawford, 

President  Convention,  Georgia. 


348  APPENDIX. 

REMARKS  OF  SAMUEL  HALL,  ESQ., 

Commissioner  from   Georgia,  before  the  General  Assembly  of 
North  Carolina,  on  February  13th,  1861. 

Messrs.  Speakers  and  Gentlemen  of  the  General  Assembly  : 

Although  I  cannot  with  many  of  my  fellow  citizens, 
greet  this  good  old  commonwealth  as  the  land  of  my  birth, 
yet  with  still  greater  numbers  of  them,  I  can  claim  her  as 
the  home  of  my  ancestors,  and  participate  with  just  pride 
in  her  historic  fame.  I  may  felicitate  myself  upon  being 
commissioned  in  this  second  crisis  of  our  liberties,  to  a  peo- 
ple who  were  the  first  to  take  open  and  decisive  ground 
against  unconstitutional  taxation— who  first  proclaimed 
the  principles  of  American  independence,  and  upon  whose 
soil  the  arms  of  the  soldiers  of  liberty  were  first  crowned 
with  victor}'.  To  the  descendants  of  such  men  I  confi- 
dently make  my  appeal,  and  in  bearing  to  this  General 
Assembly  a  message  from  her  ancient  confederate,  and  ally, 
and  in  asking  her  co-operation  in  the  important  step  we 
have  taken  in  common  with  several  others  of  our  sisters, 
I  need  hardly  assure  her  that  Georgia  has  no  disposition 
either  to  dictate  or  offer  unsolicited  advice. 

These  two  States  have  been  ever  united  by  the  closest 
ties — no  rivalry  in  the  past  has  sprung  up  between  them, 
and  their  amicable  relations  have  never  been  disturbed.  To 
you  we  are  indebted  for  no  inconsiderable  portion  of  a  pop- 
ulation which  we  flatter  ourselves  has  not  deteriorated  by 
being  transplanted,  and  which  we  can  truly  say  is  no  dis- 
credit to  the  kindred  and  friends  they  left  behind  them. 
Shoulder  to  shoulder  Georgia  and  North  Carolina  marched 
through  the  revolution — they  joined  their  counsels  and  uni- 
ted their  wisdom  in  forming  that  compact  of  government 
called  the  Constitution  of  the  United  States,  and  were 
mainly  instrumental  in  procuring  provisions  in  that  instru- 
ment for  the  increase  and  protection  of  slavery.  Thus  con- 
nected and  bound  to  you,  Georgia  would  have  deemed  her- 
self deficient  in  the  courtesy  and  the  respect  she  owes  you 
not  to  have  given  you  timely  information  that  she  had  dis- 
solved her  connexion  with  the  late  United  States  of  Amer- 
ica, and  resumed  the  powers  which  she  had  delegated  to 


APPENDIX.  349 

that  government,  and  to  invite  you  to  co-operate  with  her 
and  other  States  that  have  or  may  hereafter  secede  from  the 
Union  in  the  formation  of  a  Southern  Confederacy. 

She  will  welcome  you  back  to  her  warm  embrace,  and 
on  account  of  the  brief  separation,  feel  only  the  more  near 
when  you  return.  She  assures  you  that  among  her  citi- 
zens 

'*  There  are  eyes  will  mark  your  coming, 
And  look  brighter  when  you  come." 

She  knows  she  can  suffer  no  peril  that  does  not  equally 
assail  you— that  your  interest  is  her  interest — your  honor 
is  her  honor — your  cause  is  her  cause,  and  that  the  same 
destiny,  be  it  "gloomy  or  bright,"  awaits  us  both.  She 
therefore  asks  to  lay  before  you,  through  her  humble  Rep- 
resentative, the  causes  which  have  impelled  her  to  this  sep- 
aration, believing  that  they  carry  with  them  the  force  and 
dignity  of  truth,  she  indulges  the  hope  that  they  will  strike 
the  great  popular  heart  and  mind  of  your  State  as  they 
struck  hers,  and  will  result  in  harmonious  and  united  ac- 
tion upon  the  part  of  her  Southern  sisters.    In  dissolving 
our  connection  with  the  late  government  of  the  United 
States  we  claim  not  to  have  overthrown  the  work  of  our 
fathers,  but  that  our  northern  confederates  seized  with  un- 
til ial  hands  the  pillars  of  the  Constitution  and  overthrew 
the  temple  of  our  liberties.    No  act  of  bad  faith  has  stain- 
ed our  escutcheon.    We  have  kept  the  covenants  of  our 
fathers,  and  with  the  blessing  of  a  kind  and  favoring  Provi- 
dence, we  will,  out  of  the  same  materials,  reconstruct  the 
noble  old  edifice.    The  government  had  scarcely  been  put 
into  operation  before  our  peculiar  property  was  sought  to 
be  assailed  in  the  Legislature  of  our  Geneial  Government 
by  a  class  of  persons,  who,  however  meek  and  gentle  they 
may  have  been,  and  however  blameless  their  lives  in  other 
respects,  certainly  contributed  nothing  to  the  establish- 
ment of  the  republic.    This  appeal  was  made  to  men  fresh 
from  the  battle  fields  of  the  revolution,  and  well  apprised 
of  the  scope  and  meaning  of  the  Compromises  contained 
in  the  Constitution  and  bond  of  our  Union,  and  hence  as 
might  have  been  anticipated,  was  unsuccessful. 


350  APPENDIX. 

It  was  necessary  to  the  increase  of  our  strength  and  the 
consolidation  of  our  power  as  a  people,  that  we  should  ac- 
quire from  France  the  vast  territory  extending  from  the 
mouth  to  the  sources  of  the  "  Father  of  Waters,"  and  in 
1803  the  Louisiana  territory  became  by  treaty  a  portion  of 
our  rich  domain.  In  every  foot  of  this  territory  the  right 
to  hold  slaves  existed,  and  this  right  was  distinctly  recogniz- 
ed and  its  protection  guaranteed  by  an  article  of  that  trea- 
ty. That  there  was  opposition  to  this  measure,  it  would  be  j 
idle  to  deny,  and  opposition,  too,  on  account  of  the  protec- 
tion afforded  to  slavery ; — but  this  opposition  was  confined 
to  the  people  of  New  England,  who  seemed  to  be  unmind- 
ful of  the  rich  benefactions  conferred  upon  all  the  States, 
by  Georgia,  North  Carolina,  and  Virginia,  in  th  e  donations 
of  their  vast  public  territory  to  the  General  Government. 
Again,  in  1812  the  commerce  of  the  Eastern  States  was 
attacked,  by  a  foreign  power,  and  almost  driven  from  the  'j 
ocean.  We  of  the  South  had  little  pecuniary  interest  in  the 
contest,  but  it  involved  our  honor,  and  against  their  protest 
we  went  to  war  with  the  mistress  of  the  seas,  and  the  laurel 
crowned  fields  of  New  Orleans  stand  to-day,  as  it  will 
through  all  time,  the  vindication  of  the  one,  and  the  protec- 
tion of  the  other.  Nor  did  our  liberality  stop  here.  Not  [j 
content  with  giving  them  a  monopoly  of  ship-building  and  |j 
the  coasting  trade,  we  stimulated  and  encouraged  their  in- 
dustry by  bounties  upon  their  pursuits.  The  war  which 
terminated  so  gloriously,  had  crippled,  and  to  some  extent, 
exhausted  their  resources  and  embarrassed  their  manufac- 
turing interests  ;  again  we  taxed  ourselves  for  their  benefit, 
and  sought  by  another  generous  sacrifice  to  augment  their 
prosperity. 

In  1820,  a  State  formed  out  of  the  Louisiana  Territory, 
in  which  our  rights  as  slaveholders  were  recognized  and 
protected  by  the  supreme  law  of  the  land,  presented  a  Con- 
stitution Republican  in  form  and  asked  for  admission  into 
the  Union  upon  terms  of  eqality  with  the  other  States.  , 
How  were  her  advances  met  by  our  Northern  confederates, 
by  these  people  upon  whom  we  had  so  generously  lavished 
benefits  and  bounties?  Was  her  advent  greeted  with  sister- 
ly affection  and  a  grateful  sense  of  the  favors  which  the 
South  had  bestowed  ?    No  ;  she  was  scowled  upon  and  her 


1  * 

APPENDIX.  351 

approaches  repelled  I  We  were  told  that  her  Constitution 
recognized  slavery,  and  that  she  could  not  be  admitted  ex- 
cept upon  conditions  degrading  to  the  equality  of  her 
Son  then!  sisters.  Borae  down  by  superior  numbers,  the 
South  was  compelled  to  succumb,  and  Missouri  was  reject- 
ed, except  upon  the  hard  and  unconstitutional  restriction, 
that  slavery  or  involuntary  servitude,  except  for  crime, 
should  be  prohibited  in  all  that  territory  north  of  a  certain 
geographical  line — a  restriction  which  alarmed  the  fears 
and  filled  with  apprehension,  "  like  a  tire  bell  in  the  night,'1 
the  wisest  and  most  sagacious  patriots  of  the  land.  But  our 
degradation  was  not  complete,  the  cup  of  our  humiliation 
had  to  be  drained  to  the  dregs.  So  opposed  were  these  men 
to  a  recognition  in  any  form  or  to  any  extent  of  our  rights, 
that  before  the  ink  which  recorded  the  so-called  eonrrjro- 
rnise  was  scarcely  dry,  they  violated,  if  they  did  not  repu- 
diate, their  own  proposition,  and  a  second  time  kept  this 
star  from  our  federal  constellation.  The  pretext  seized  up- 
on to  effect  this  object  was  most  extraordinary.  The  con- 
stitution of  that  State  contained  a  provision  to  prevent  the 
introduction  of  a  free  negro  element  in  her  borders.  This 
it  was  pretended  was  a  denial  of  the  rights  of  citizens  of 
some  of  the  States,  and  consequently  a  violation  of  that 
clause  of  the  Constitution  of  the  United  States  which  pro- 
vides that  the  "  citizens  of  each  State  shall  be  entitled  to 
all  privileges  and  immunities  of  citizens  in  the  several 
States."  But  as  monstrous  and  unfounded  as  was  this  claim, 
it  would  have  been  successful  but  for  the  indomitable  cou- 
rage, matchless  eloquence  and  consummate  statesmanship  of 
Henry  Clay,  who  resorted  to  the  device  of  transferring  this 
question  from  the  decision  of  Congress,  to  the  determination 
of  the  President  of  the  United  States,  and  instead  of  coming 
into  the  Union  in  the  ordinary  manner  by  act  of  Congress, 
Missouri  was  admitted  by  Exec  utive  proclamation.  All  this 
did  not  appease  the  insatiable  appetite  of  our  Northern  foes. 
Our  power  had  to  be  limited,  and  our  influence  in  the  Gov- 
ernment destroyed,  to  enable  them  fully  to  compass  their 
ends.  The  agitation  was  kept  up  by  resolutions  introduced 
into  Congress  to  sanction,  and  by  artful  attempts  to  draw 
from  the  Supreme  Court  of  the  United  States  an  opinion 
approving  this  outrage.  Our  people  determined  to  abandon 


352  APPENDIX. 

this  hopeless  contest  in  Congress,  and  resort  to  their  State 
Governments  for  redress.  Gov.  Troup,  after  noticing  these 
attempts,  alledged  that  we  compromited  our  dignity  by 
discussing  the  question,  and  having  declared  the  "  argument 
exhausted,"  adjured  us  "  to  stand  by  our  arms.''  The  Fede- 
ral Executive  and  Congress^  from  past  experience  of  his  de- 
termination and  spirit,  knew  this  was  no  idle  menace,  and 
that  they  had  to  deal  with  a  ruler  and  people  who  would 
not  readily  yield  a  position  they  had  deliberately  taken. 
The  check  given  by  this  stern  determination  was  only  mo- 
mentary in  the  life  of  a  nation — faith  was  broken  with  one 
sovereign  State  through  her  treaty  stipulations  with  the 
Federal  Government, 

An  attempt  was  made  to  influence  the  legislation  of  an- 
other, and  compel  her  submission  to  the  most  onerous  im- 
positions and  burdens  by  federal  troops.    It  was  then  dis 
covered  that  the  Constitution  was  not  a  compact,  but  form- 
ed a  consolidated  government,  and  upon  this  perverted 
view  of  our  institutions,  the  liberties  of  this  country  would 
have  perished,  had  not  the  clear  discrimination,  the  great 
analytic  powers  and  unsurpassed  reasoning  of  John  C.  Cal- 
houn been  pressed  into  our  service.    With  heroic  courage 
he  breasted  the  storm  and  single  and  unaided,  except  by 
the  powers  of  truth,  of  justice  and  of  right,  constitution- 
al freedom  triumphed  in  his  person  over  the  combined  pow- 
ers of  the  Federal  Government ;  the  artifice,  education  and 
talent  of  the  North — the  touch  of  his  blade,  like  the  spear 
of  Ithuriel,  caused  the  fiend  to  tremble,  and  for  a  time  al- 
layed the  demon.    The  cloven  foot  soon  again  displayed  it- 
self.   Excuses  to  justify  outrages  are  never  wanting,  and 
the  inventive  resources  of  our  Northern  friends,  when  they 
seek  to  assail  our  rights  or  drain  our  substance,  are  inex- 
haustible.   They  become  suddenly  enamored  of  the  right 
of  petition — devoted  to  the  liberty  of  the  press  and  the  free- 
dom of  speech,  and  in  order  to  test  whether  these  justly 
prized  rights  were  in  danger,  flooded  Congress  with  a  batch 
of  incendiary  petitions,  praying  the  abolition  of  slavery  in 
the  District  of  Columbia,  the  forts,  arsenals,  dock  yards 
and  territories,  and  the  interdiction  of  the  trade  in  slaves 
between  the  States.    The  signers  of  these  petitions — those 
who  were  prominently  put  forward  in  this  agitation — were 


APPENDIX.  353 

without  talent  and  destitute  of  influence.  They  were  only 
the  advance  guard  of  the  main  army  which  was  lying  in 
ambush.  They  were  treated  with  neglect  if  not  with  scorn. 
But  John  G.  Calhoun  again  saw  the  elements  of  their  pow- 
er, and  warned  his  countrymen  against  their  insidious  ap- 
proaches— he  clearly  predicted  each  step  that  we  would 
take  in  our  progress  to  ruin  :  and  so  identical  are  his  vati- 
cinations with  the  circumstances  that  now  surround  us,  that 
one  ignorant  of  the  facts  under  which  these  oracles  were 
uttered,  would  suppose  that  he  was  recording  the  events  of 
these  times.  He  partially  succeeded  in  his  remedies  by  se- 
curing a  rule  which  prohibited  the  reception  and  considera- 
tion of  these  petitions,  and  the  passage  of  an  act,  making 
it  penal  to  circulate  through  the  mails  such  documents  and 
prints  as  the  laws  of  any  of  the  States  forbid.  But  in  the 
endeavor  which  he  made  to  declare  the  rights  of  the  States 
upon  the  subject,  and  to  prescribe  the  duties  of  the  general 
government  in  relation  thereto,  he  was  not  successful,  and 
failing  in  this,  these  fanatics  whose  ardor  no  defeat  could 
crush,  took  fresh  courage — their  numbers  began  to  multiply, 
and  their  influence  to  strengthen  with  their  numerical  in- 
crease. Ambitious  parties  sought  to  propitiate  them,  and 
availing  themselves  of  their  position,  they  would  by  their 
votes  cause  the  triumph  of  that  faction  which  was  most 
likely  to  increase  their  power.  In  this  mode  they  obtained 
influence  to  remove  the  barrier  which  denied  them  access 
to  the  halls  of  Congress,  and  once  having  gotten  admission 
their,  there  inflamatory  doctrines  found  a  way,  at  the  pub- 
lic expense,  to  the  popular  mind  through  the  printed  pro- 
ceedings of  that  body.  Upon  the  annexation  of  Texas  they 
renewed  the  struggle,  and  to  soothe  the  Northern  mind  we 
consented  to  apply  the  Missouri  restriction  to  that  territory. 
Then  came  the  Mexican  war,  and  with  our  victory  in  that 
war  an  immense  accession  of  territory.  Foreseeing  the  re- 
sult of  the  struggle,  while  opposing  the  progress  of  our 
brave  soldiers  at  each  advance  by  witholding  necessarv  sup- 
plies, and  praying  that  they  might  "be  welcomed  with 
bloody  hands  to  hospitable  graves,"  they  nevertheless  strug- 
gled to  appropriate  to  their  exclusive  use,  not  only  the  ter- 
ritories then  held  by  us,  but  also  those  that  might  fall  to 
our  share  as  the  conquest  of  our  arms,  and  the  achieve- 


23 


354  APPENDIX. 

merits  of  our  diplomacy.  Hence  they  succeeded  in  exclud- 
ing slavery  from  Oregon,  and  also  endeavored  to  make  slave- 
ry exclusion  from  all  the  territories  the  condition  of  sup- 
plies for  carrying  on  the  wnr.  The  exclusion  from  Oregon 
was  acquiesced  in  under  protest,  because  the  South  believ- 
ed from  the  geographical  position  of  the  country,  and  the 
character  of  the  climate,  there  was  nothing  practical  in  the 
question. 

This  was  a  conciliatory  but  mistaken  policy.  It  was  not 
the  policy  that  determined  the  action  of  our  fathers  under 
similar  circumstances.    The  tax  upon  tea  was  not  oppres- 
sive— -they  would  have  felt  little  inconvenience  in  paying  it, 
but  it  was  tribute  exacted  by  a  government  in  which  they 
had  no  voice.    And  rather  than  submit  to  the' imputation 
its  payment  would  have  implied,  they  flew  to  their  arms 
and  vindicated  their  rights  at  the  expense  of  their  blood 
and  treasure.    But  concessions  did  not  satisfy  their  cupidi- 
ty— their  appetite  grew  on  what  it  fed — and  they  pursued 
the  same  policy  in  reference  to  the  remaining  territory. 
They  only  failed  in  the  application  of  their  means — to  suc- 
ceed in  effecting  their  ends  by  expedients,  if  not  so  bold 
and  offensive,  almost,  if  not  quite  as  effective.  Through 
the  agency  of  a  horde  attracted  to  the  Pacific  shores,  from 
every  clime  and  country,  of  every  complexion  and  tongue, 
in  violation  of  the  laws  of  the  land,  they  seized  upon  the 
mineral  treasures  of  California,  in  assembling  themselves 
in  Convention  at  the  invitation  of  a  military  officer,  a  ser- 
vant of  the  general  government,  formed  a  Constitution  by 
which  your  labor  was  excluded  from  employment  in  the 
richest  mines  of  the  earth  ;  and  as  a  reward  for  their  dis- 
obedience and  contempt  of  right,  and  in  defiance  of  law, 
presented  themselves  and  boldly  demanded  admission  into 
the  Union  upon  terms  of  equality  with  the  other  States; 
and  but   for  their  avowed  determination  to  apply  a  like 
fraudulent  and  violent  process  to  the  remainder  of  the  ter- 
ritory obtained  by  the  treaty  of  Goudaloupe  Hidalgo,  it  is 
to  be  greatly  feared  that  the  government  would  have  com- 
plied with  this  demand.    But  the  South  having  suffered 
from  the  active  operations  of  "  the  underground  railroads'' 
in  spiriting  away  her  slaves,  desired  a  more  effectual  reme- 
dy for  the  return  of  these  fugitives,  and  in  a  spirit  of  devo- 


APPENDIX. 


3o5 


tion  to  the  Union,  for  which  she  had  made  heavy  sacrifices, 
not  only  gave  up  her  rights  in  California,  but  also  consent- 
ed to  the  abolition  of  the  slave  trattic  in  the  District  of 
Columbia,  and  appropriated  S  10.000,000  from  the  common 
treasury  to  purchase,  for  Northern  settlement,  -±0,000 
square  miles  of  territory  frum  Texas,  which  by  the  terms 
of  the  resolutions  of  annexation,  had  been  solemnly  de- 
voted to  our  use.  She  got  ouly  in  return  a  fugitive  slave 
law,  which  has  never  been  observed  and  enforced  as  it 
should  have  been,  but  which  has  been  trampled  under  foot 
by  Northern  mobs,  and  nullified  hy  Northern  courts,  execu- 
tives and  legislatures.  Our  citizens,  in  pursuit  of  their 
rights  under  that  law,  have  been  murdered  in  cold  blood, 
or  been  subjected  to  degrading  confinement  and  association 
in  penitentiaries  with  the  vagabonds  and  felons  that  fill 
those  prisons.  It  is  also  said  that  we  obtained  a  recogni- 
tion of  the  doctrine  of  non-interveirtion  in  the  territorial 
governments  then  formed.  This,  however,  in  the  opinion 
of  many  of  our  ablest  statesmen  and  constitutional  lawyers, 
is  doubtful. 

In  this  compromise,  the  South,  for  the  sake  of  peace,  and 
in  the  hope  of  allaying  agitation,  asrain  acquiesced.  Georgia, 
with  others  of  her  Southern  sisters  did  so  reluctantly,  and 
only  upon  conditions  which,  at  the  time,  met  the  unquali- 
fied approval  and  warm  applause  of  all  people,  both  at  the 
North  and  South,  who  now  claim  to  be  conservative.  Geor- 
gia's people,  in  Convention  assembled,  resolved  that  they 
would  g  resist  even  as  a  last  resort  to  the  disruption  of 
every  tie  that  bound  them  to  the  Union"  any  attempt  to 
impair  or  abolish  the  right  of  property  in  Slaves  in  the 
District  of  Columbia,  and  other  places  over  which  the 
federal  government  had  exclusive  jurisdiction ;  the  rejec- 
tion of  any  State  applying  for  admission  into  the  Union, 
because  of  the  recognition  of  slavery  in  her  constitution; 
any  interference  with  the  slave  trade  between  the  States, 
and  any  failure  to  execute  faithfully  the  fugitive  slave  law; 
and  for  a  time  we  were  encouraged  with  the  belief  that 
these  conditions  would  be  observed. 

The  legislation  of  1S-54  repudiated  the  Missouri  restric- 
tion as  incompatible  with  the  territorial  legislation  of  1S50, 
end  as  being  in  conflict  with  the  Constitution,  and  opened 


the  territories  to  our  admission  with  our  property.  This 
indicated  a  returning  sense  of  justice  upon  the  part  of  our 
northern  confederates,  and  was  the  harbinger  of  better 
times.  But  these  hopeful  signs  were  soon  dissipated. 
What  should  have  allayed  only  increased  excitement,  and 
the  storm  at  the  north  broke  forth  with  ten-fold  fury.  The 
pulpit  thundered  its  anathemas — the  press  teemed  wTith 
denunciations — the  lecture  and  school  room  swelled  the 
chorus  of  bitter  invective  and  hate — the  vengeance  of  God 
was  invoked  by  those  who  should  have  been  the  ministers 
of  peace  upon  the  heads  of  our  Congressmen — while  Sena- 
tors and  Representatives  had  their  way  from  Washington 
to  their  homes  illuminated  by  the  flames  of  their  burning 
effigies — the  votaries  of  every  exploded  political  theory 
and  every  dangerous  experiment  in  government  or  society, 
however  widely  they  differed  as  to  their  own  conflicting 
tenents,  struck  hands  here  and  entered  upon  a  crusade 
against  our  rights.  Under  the  sanction  of  Northern  legis- 
latures Northern  capital  was  concentrated,  and  the  sweep- 
ings of  Northern  cities,  aided  and  augmented  by  men  of 
depraved  mortals  and  desperate  habits,  were  gathered  to- 
gether and  marched  in  bands  to  possess  themselves  of 
territory  devoted  to  the  common  use  and  drive  out  our 
Southern  settlers.  They  laid  waste  the  lovely  plains  of 
Kansas,  and  the  whole  territory  presented  a  scene  of  assas- 
sination, murder  and  pillage.  No  life,  however  blameless, 
no  innocence  however  helpless— no  age,  however  venera- 
ble— no  virtue,  however  illustrious,  availed  to  stay  this 
tide  of  carnage  and  violence  ;  and  when  these  brutal  and 
inhuman  acts  provoked  a  just  vengeance,  the  whole  coun- 
try rang  with  the  cry  of  Southern  atrocity  and  lawlessness.. 
An  appeal  was  made  to  put  down  what  was  styled  "  the 
barbarism  of  slavery,"  and  "  the  sacred  animosity"  of  the 
North  was  thoroughly  aroused.  A  party  composed  of  this 
material  assembled  in  Convention  and  adopted  a  platform 
which  lowered  slaveholders  to  a  level  with  those  sunk  in 
the  grossest  vices,  and  addicted  to  the  basest  immoralities, 
and  placing  upon  it  as  their  standard  bearer  a  mere  politi- 
cal adventurer,  boldly  entered  the  contest  for  the  posses- 
sion of  the  government.  It  was  only  after  a  most  unpar- 
alleled struggle  that  two  of  your  most  prominent  and  ex- 


APPENDIX. 


357 


perienced  statesmen  were  saved  from  a  disastrous  defeat, 
and  the  government  rescued  for  a  time  from  the  fearful 
vortex  threatening  its  destruction.  This  result  did  not  dis- 
courage these  forces — it  did  not  even  break  their  ranks — 
they  returned  to  the  charge,  animated  by  fresh  courage. 
They  were  assured  of  a  strength  of  which  they  had  not 
before  been  conscious. 

An  irrepressible  conflict  between  tree  and  slave  labor 
was  proclaimed — a  law  higher  than  the  constitution,  and 
more  sacred  than  the  teachings  of  holy  writ  was  discover- 
ed. Predatory  bands  were  marched  into  peaceful  com- 
munities to  excite  insurrection — apply  the  midnight  torch — 
rob  and  murder — to  destroy  the  means  of  subsistence — to 
poison  the  wells — to  alarm  our  sleep — to  render  life  a 
burthen,  by  making  it  insecure,  and  when  the  desperadoes 
were  arrested  and  punished,  they  were  elevated  to  the 
honors  of  martyrdom ;  all  the  restraints  of  religion  were 
cast  aside,  and  the  crucifixion  of  the  Savior  of  mankind 
blasphemed  by  impiously  comparing  with  it  the  execution 
-of  a  cut  throat  and  a  thief.  Those  conspirators  who  rnade 
good  their  escape,  found  asylum  and  protection  from 
Northern  executives,  who,  in  violation  of  their  oaths,  re- 
fused to  surrender  them  on  demand. 

Among  a  people  not  dead  to  all  sense  of  virtue  and  de- 
cency, such  a  party  could  not  prevail..  But  their  strength 
lay  in  their  vices;  they  assembled  themselves  in  conclave: 
proclaimed  the  social  and  political  equality  of  the  black 
and  white  races;  assumed  superiority  over  you  by  putting 
you  and  your  property  under  the  ban;  brought  out  their 
leader;  met  you  face  to  face  in  battle  array,  and  in  the 
contest  were  victorous — thus  sanctioning  and  sustaining, 
by  both  a  popular  and  electoral  majority  of  the  Northern 
vote,  these  enormities,  with  certain  assurances  that  they 
will  be  prosecuted  in  the  future  with  increased  aggrava- 
tion. 

Are  such  wrongs  to  be  endured V  Our  people  have  an- 
swered in  the  negative  with  one  voice.  They  were  all  for 
resistance  in  some  form.  They  only  differed  as  to  the 
mode  and  measure  of  redress,  and  the  time  of  its  applU 
cation.  A  majority  of  them  dispaired  of  repressing  this 
conflict   in  the  Union,  and  were  therefore  prepared  to 


358 


APPENDIX. 


"repel  it"  out  of  the  Union.  To  the  minority,  the  voice 
of  the  State  was' as  .the  voice  of  God;  they  yielded  a 
graceful  and  ready  obedience  to  the  sovereign  will,.. and 
gave  their  pledge  (which  I  doubt  not  they  will  nobly  and 
promptly  redeem)  to  defend  their  homes,  and  all  a  freeman 
can  hold  dear  with  their  "iTVes  and  fortunes."  In  this 
measure  we  did  not  act  hastily — our  forbearance  had  been 
long — our  endurance  great.  In  1850  we  solemnly  warned 
our  northern  confederates  of  the  consequences  of  another 
aggression  upon  our  rights.  Thiswarning  they  treated  as 
the  idle  wind  which  they  regarded  not,  and  by  their  action 
precipitated  a  contingency  upon  the  happening  of  which 
our  honor  pledged  us  to  resist.  But  even  under  these  cir- 
cumstances we  made  a  last  appeal  to  them  to  acknowledge 
our  rights  and  guarantee  us  the  protection  for  which  we 
had  stipulated  in  the  bond  of  our  Union.  This  was 
spurned,  and  we  had  recourse  to  our  reserved  rights  for 
our  future  safety  and  protection.  In  resuming  these  pow- 
ers, while  we  hoped  to  have  peace,  and  coveted  no  armed 
conflict  with  any  of  our  late  confederates,  yet,  if  they  so 
will  it,  we  are  prepared  to  meet  and  repel  it.  The  mode 
and  measure  of  redress  adopted *by  us,  we  respectfully 
maintain  is  neither  revolutionary  or  treasonable,  but  con- 
stitutional, regular,  lawful; — and  should  therefore  be 
peaceable.  We  know  the  law  abiding  disposition  of  your 
people — we  understand  and  trust,  habitually  cherish  with 
you  a  loyal  submission  and  dignified  obedience  to  rightful 
authority — but  only  to  rightful  authority;  for  %rnen  who 
will  not  defend  their  rights  and  repel  aggressions,  will  never 
render  justice  to  others,  or  make  faithful  citizens  them- 
selves. Knowing  this,  we  will  briefly  present  the  ground 
and  reasons  that  sanction  the  remedy  adopted. 

Prior  to  the  Revolution,  the  Colonies  were  separate  and 
independent  communities,  bound  together  by  no  political 
tie;  as  such  they  commenced  the  Revolutionary  war — 
they  declared  their  independence,  being  careful  in  the  de- 
claration to  reserve  to  themselves  all  the  rights,  privileges 
and  powers  that  pertain  to  fr<£  and.  independent  States* 
As  free  and  independent  communities  they  subscribed  and 
adopted  the  articles  of  Confederation  under  which  all  their 
external  intercourse  was  regulated  during  that  period.  %*At* 


APPENDIX. 


359 


the  close  of  that  conflict*  the  Government  with  which  we 
had  lately  been  at  war,' by  the  treaty  of  peace  recognized 
the  freedom,  independence  and  sovereignty  ».of  each  of 
these  States.  The  Congress  of  the  Old  Confederation 
passed  a  resolution  requesting  the  States  to  send  delegates 
to  Philadelphia  for  the  us6le/ and  express  purpose  of  re- 
vising the  articles  of  confederation.'5 

They  did  not  intend  that  that  league  should  be  super- 
seded by  an  entirely  new  and  different  form  of  government, 
and  the  States  acted  in  sending  their  delegates  with  the 
same  purposes  and  views  as  is  apparent  from  the  tenor  and 
effect  of  their  commissions.  In  the  Convention  various 
schemes  of  government  were  proposed,  prominent  among 
these  was  that  offered  by  Edmund  Randolph  of  Virginia, 
which  sought  among  other  things  to  j^est  Congress  wTith 
power  "to  negative  all  laws  passed  hjthc  several  States,  con- 
travening, in  the  opinion  of  the  National  Legislature,  the  articles 
of  Union,  or  any  treaty  subsisting  under  the  authority  of  the 
Union,  to  call,  forth  the  force  of  the  Union  against  any  member 
of  the  Union  failing  to  fulfill  its  duties  under  the  articles  there- 
of" The  unanimous  rejection  of  this  proposition  estab- 
lishes that  the  Government  about  to  be  formed  was  not  a 
national  or  consolidated  government — that  the  Leg- 
islatures of  the  States  were  not  to  be  subject  to  the  control 
of  the  Federal  Legislature,  and  that  no  State  failing  in 
the  opinion  of  the  Congress  to  discharge  its  duty  to  the 
General  ^Government  was'liable  to  coercion. 

The  constitution,  being  perfected  by  the  convention,  was 
reported  to  the  Federal 'Congress,  to  be  by  that  body  sub- 
mitted to*  the  several  States  for  their  ratification.  In  the 
letter  of  the  President  of  the  Convention,  transmitting  its 

.  labors,  the  Government  proposed  to  be  formed  is  styled 
in  one  place,  the  "General  Government  of  the  Union," 
and  in  another  the  "Federal  Government  of  the 
States."  But,  notwithstanding  these  careful  and  guarded 
.designations  of  its  character,  emanating  from  one  incapable 
of  deceptidn  or  falsehood,  who  had  just  successfully  es- 
tablished a  claim  to.  tj|e  veneration  and  respect  of  the 

'  world  and  the  gratitude  of  his  countrymen,  the  fears  of 
many  of  the  ablest  and  most  patriotic  in  the  State  Conven- 

:  iions  were  aroused,  lest  the  scheme  might  -destroy  the 


360 


APPENDIX. 


sovereignty  and  swallow  up  the  rights  of  the  States.  In 
reply  to  an  expresssion  of  such  fears  in  the  Newr  York 
Convention,  Gen.  Alex.  Hamilton,  than  whom  no  leader  of 
the  party  advocating  a  strong  government  is  entitled  to  be 
held  in  higher  esteem,  for  his  learning  and  ability,  candor 
and  boldness,  said:  "It  has  been  well  observed,  that  to 
coerce  the  States  is  one  of  the  maddest  projects  that  was 
ever  devised.  A  failure  of  compliance  will  never  be  con- 
fined to  a  single  State.  This  being  the  case,  can  you  sup- 
pose it  wise  to  hazzard  a  civil  war?  Suppose  Massachu- 
setts, or  any  large  State,  should  refuse,  and  Congress 
should  attempt  to  compel  them,  would  they  not  have  in- 
fluence to  procure  assistance,  especially  from  those  States 
in  the  same  situation  as  themselves?  What  picture  does 
this  idea  present  to  our  view?  A  complying  State  at  wTar 
with  a  non-complying  State;  Congress  marching  the  troops 
of  one  State  into  the  bosom  of  another;  this  State  col- 
lecting auxiliaries,  and  forming  a  majority  against  its  federal 
head.    Here  is  a  nation  at  war  with  itself. 

"  Can  any  reasonable  man  be  well-disposed  towards  a 
government  that  makes  war  and  carnage  the  only  means  of 
supporting  itself — a  government  that  can  exist  only  by  the 
sword  ?  Every  such  war  must  involve  the  innocent  with 
the  guilty.  This  single  consideration  should  be  sufficient, 
to  dispose  every  peaceable  citizen  against  such  a  govern- 
ment. But  can  we  believe  that  one  State  will  ever  suffer 
itself  to  be  used  as  a  means  of  coercion.  The  thing  is  a 
dream,  it  is  impossible."  The  constitution  was  ratified  by 
New  York,  but  upon  the  express  condition  that  her  people 
reserved  the  right  of  resuming  the  powers  delegated  when- 
ever their  happiness  should  require  it.  Virginia  accompa- 
nied her  ratification  with  a  similar  condition ;  and  after  all 
the  other  States  had  ratified  the  constitution,  Rhode  Island 
acceded  to  the  Union  and  completed  the  galaxy,  upon  the 
very  terms  on  which  the  ratification  of  New  York  was  ac- 
cepted. If  the  government  was  a  consolidation,  these  res- 
ervations were  impossible.  The  men  who  framed  the  con- 
stitution and  put  the  government  into  operation  regarded 
them  as  an  indication  of  over-caution,  because  the  very 
right  reserved  would  necessarily  result  from  the  nature  of 
the  compact.    They  meant  to  enable  these  three  States  to 


APPENDIX.  361 

retain  no  right  or  privilege  which  the  others  had  not.  This 
at  once  would  have  destroyed,  the  equality  of  the  States, 
and  sapped  the  very  foundations  of  the  government ;  so  that 
we  may  conclude  that  these  conditions  were  accepted  in 
good  faith  by  each  and  all  the  States,  and  the  rights  reserved 
by  one  enured  equally  to  each  and  all.  But  notwithstand- 
ing these  indisputable  facts  in  our  history,  a  portion  of  the 
party  in  the  Convention  who  wished  a  stronger  govern- 
ment endeavored  to  accomplish,  by  indirection,  what  they 
had  failed  to  secure  by  the  use  of  open  means ;  and  soon 
after  the  government  went  into  operation,  they  sought  to 
enlarge  its  powers  by  a  latitudinarian  construction.  They 
appealed  to  all  the  departments  of  the  government,  and 
were  successful  in  having  their  interpretation  adopted  by 
the  legislative  and  judicial  departments.  The  first  appor- 
tionment bill  which  treated  the  population  of  the  States 
as  a  consolidated  mass  fell  under  the  Executive  veto  of 
General  Washington.  The  next  effort  at  coercion  was 
made  by  Mr.  Edmund  Randolph,  then  Attorney  General  of 
the  United  States,  who  selected  Georgia  as  his  victim,  and 
sought  to  dwarf  her  sovereignty  by  dragging  her  for  judg- 
ment to  the  foot  stool  of  the  federal  judiciary.  She  scorned 
the  attempt — refused  by  any  act  of  hers  to  recognize  the 
supremacy  of  a  jurisdiction  she  had.  aided,  in  creating. 
None  could,  be  superior  to  sovereign  power.  She  put  in  no 
appearance,  and  was  represented  by  no  council — judgment 
was  awarded  against  her,  but  no  attempt  was  made  to  en- 
force it.  One  on  that  bench,  like  Abdriel,  " stood  faithful 
among  the  faithless,"  and  rising  in  proud  supremacy  of  in- 
tellect, in  deep  learning  and  comprehensive  statesmanship 
above  his  compeers,  James  Iredell,  of  North  Carolina,  in  a 
dissenting  opinion  which  will  live  as  long  as  the  principles 
of  rational  freedom  have  admirers,  rescued  our  liberties 
from  their  imminent  peril.  He  alarmed  the  fears  of  the 
people,  and  they  made  haste  to  provide  new  safeguards. 
Thanks  to  him,  an  amendment  to  the  constitution  was  adop- 
ted, which,  properly  understood  and  faithfully  carried  out, 
would  have  forever  afterwards  effectually  protected  the  States 
from  similar  assaults  upon  their  power  and  dignity.  In  no 
subsequent  attempt  which  has  been  made  has  the  General 
Government  ever  succeeded  in  executing  process  against  a 


362  APPENDIX. 

State  where  resistance  has  been  offered.  The  framers  of 
the  constitution  were  wise  and  sagacious  men,  and  would 
not  have  omitted  to  provide  a  remedy  for  the  enforcement 
of  a  right  clearly  and  u  expressly  delegated,"  or  "  necessa- 
ry and  proper"  to  carry  it  into  effect.  The  absence  of  the 
remedy  is  conclusive  against  the  existence  of  the  right; 
and  yet  those  States  who  have  provided  for  their  safety, 
and  have  put  their  household  in  order,  are  threatened  with 
invasion  !  Will  you  submit  to  have  Federal  troops  march 
through  your  State  to  subjugate  those  who  are  only  asser- 
ting and  maintaining  the  sacred  right  of  self  defence? 
[Loud  cries,  Never,  never.]  No,  never,  that  is  the  word  ; 
never  will  I  believe  it  until  I  see  it — so  help  me  God  ! ! 
This 

 "  is  no  more  your  country  ;  but  an  impious 

Crew  of  men,  conspiring  to  uphold  their  State 
By  worse  than  hostile  deeds— defeating  the  ends 
For  which  your  country  was  a  name  so  dear 

and  you  are  asked  to  contribute  to  the  degradation  and  ruin 
of  those  who  are  bone  of  your  bone  and  flesh  of  our  flesh. 
You  cannot  and  you  will  not  forget  the  "  noble  deeds  of 
daring  high  "  of  a  common  ancestry,  whose  blood  enriches 
and  hallows  every  battle-field  from  German  town  to  New 
Orleans.  But  it  has  been  said  that  we  should  wait !  Our 
rights  will  be  conceded  to  us  in  the  Union — we  can  procure 
further  guaranties  by  constitutional  amendment.  The  ex- 
pectation is  vain—time  after  time,  an  acknowledgment  of 
your  rights  has  been  refused.  There  is  no  fault  to  be  found 
with  the  old  constitution — that  was  amply  sufficient,  if 
faithfully  observed,  for  every  emergency  !  No  more  sacred 
or  binding  obligations  can  be  devised  than  those  therein 
contained — but  the  cry  is  still  wait?  Yes,  wait  until  the 
torch  which  is  applied  to  your  dwelling  shall  wrap  it  in 
flames !  Wait  until  the  assassin  has  discharged  the  fatal 
contents  of  the  deadly  blunderbuss  now  leveled  at  your 
breast — wait  until  life  is  extinct  and  resistance  vain !  While 
I  appreciate  the  motives  and  admire  the  talents  of  those 
now  engaged  in  a  patriotic  endeavor  to  reconstruct  the  old 
Government,  I  must  be  pardoned  for  expressing  the  belief 
that  their  "  Conference"  will  end  in  nothing — the  people 
with  whom  they  have  to  deal  have  deceived  us  repeatedly. 


APPENDIX. 

♦ 


363 


^  That  was  their  fault."  We  thank  God  we  are  now  free 
from  them,  and  if  ever'  "  they  deceive  us  again,  it  will  be 
our  fault."  Our  people  have  no  doubt  they  may  grant  all 
that  is  asked  by  the  border  slave  States  ?  But  how  will 
they  keep  their  plighted  faith  V  We  can  only  judge  of  the 
.  future  by  the  past,  and  our  experience  warns  us  against 
another  connection.  You  would  have  to  re-educate  them, 
to  reform  their  morals  and  change  their  very  nature  before 
we  could  give  them  our  confidence.  Our  separation  is  final 
and  irrevocable. 

This  night  you  have  to  choose  between  a  North  en  alli- 
ance and  a  union  with  the  new-born  republic — the  Con- 
federate States  of  America.  You  may  not  come  im- 
mediately, but  eventually,  and  I  trust  at  no  distant  day  you 
will  be  with  us.  Appeals  have  been  made  to  your  fears — ■ 
you  have  been  urged  to  resist  this  natural  and  homogenious 
alliance  for  the  reason  that  it  was  the  design  of  the  Cotton 
States  to  re-open  the  foreign  slave  trade.  Since  1798  the 
Constitution  of  Georgia  has  prohibited  this  traffic,  not  be- 
cause we  believed  it  immoral  or  unjust,  but  beeause  we 
doubted  its  influence  upon  our  material  interests.  No  con- 
siderable portion  of  our  people  have  ever  favored  the  policy 
of  reviving  it,  while  many  of  them  have  been  opposed  to 
the  federal  legislation  upon  that  subject,  for  the  reason  that 
they  regarded  it  as  the  exercise  of  powers  not  delegated,  and 
because  of  the  stupidly  cruel  and  severe  penalties  inflicted 
upon  an  act  not  intrinsically  wrong,  but  only  rendered  so 
by  politic  considerations.  Desiring  to  assure  you  of  our  en- 
tire sincerity  in  relation  to  the  matter,  our  Convention  in- 
structed our  delegates  to  the  Southern  Congress  to  have 
this  prohibition  inserted  in  the  constitution  for  the  new 
Confederacy.  This,  I  am  happy  to  say,  as  you  already 
know,  has  been  done.  In  this  great  movement  we  prefer 
the  cordial  co-operation  of  the  border  slave  States  to  the 
doubtful  profits  of  this  commerce  lor  all  coming  time.  Go 
on,  aud  continue  to  raise  the  supply  of  labor,  and  we  will 
provide  for  our  wants  in  your  market.  We  could  have  in- 
fluenced your  action  by  prohibiting  the  introduction  of  your 
slaves  into  our  midst.  We  could  have  increased  them  in 
your  borders  by  this  restrictive  policy,  until  they  would 
have  become  worse  than  valueless  to  you.  We  were  unwil- 


APPENDIX. 

ling  to  constrain  the  action  of  a  free  people,  We  were 
averse  to  inflicting  loss  and  injury  upon  those  who  had  nev- 
er shown  us  aught  but  kindness.  We  would  imply  no  doubt 
by  our  course,  of  the  fidelity  and  patriotism  of  our  brethren. 
All  your  material  interests  must  be  promoted  by  your 
speedy  union  with  us  in  the  new  government.  The  prince- 
ly treasures  which  have  hitherto  been  lavished  with  a  gener- 
ous hand  upon  ungrateful  New  England,  will  be  poured  into 
your  lap.  Your  unappropriated  water-falls  will  resound 
with  the  hum,  and  be  made  glad  with  the  songs  of  laborers. 
The  music  of  the  shuttle  and  the  loom  will  cheer  the  spirits 
and  augment  the  comfort  of  your  increased  and  increasing 
population.  The  idle  will  be  employed,  and  the  unpro- 
ductive become  a  valuable  and  productive  citizen.  Diver- 
sity of  pursuits  will  bring  increased  skill  and  production, 
and  along  with  them  greater  splendor  and  power.  Your 
undeveloped  mineral  resources  will  be  brought  to  light,and 
your  uninhabited  mountain  slopes  filled  with  a  hardy  and 
industrious  people,  will  smoke  with  forges,  and  blaze  with 
furnaces.  The  borders  of  Canada  will  then  be  more  remote 
from  you  than  at  present,  and  there  will  be  fewer  facilities 
for  the  escape  of  your  slaves.  But  for  the  unnatural  op- 
position of  those  who  should  have  been  our  friends,  we 
could  have  obtained  treaties  of  extradition  from  all  the 
governments  with  whom  we  held  intercourse.  Upon  the 
part  of  any  foreign  government  the  practices  of  the  North- 
ern people  in  reference  to  our  slave  property,  would  have 
been  causes  of  war,  and  no  foreign  government  has  ever 
ventured  to  tamper  with  or  invade  our  rights. 

We  have  only  been  restrained  by  Constitutional  ob- 
ligations from  making  speedy  and  effective  reprisals  upon 
those  who  violated  the  bargain  and  thereby  released  us 
from  its  obligations.  Thank  Heaven,  we  are  foreigners  to 
them  now,  and  when  you  place  yourselves  in  our  situation, 
they  will  respect  your  rights.  They  have  never  been 
known  to  engage  in  war,  unless  it  would  put  money  in 
their  purses,  and  are  not  going  to  brave  its  hazzards  to 
wrest  from  you  a  piece  of  property  which  they  cannot  use 
to  advantage,  but  which,  under  their  institutions,  becomes 
a  curse  and  a  nuisance.  They  cannot  blockade  our  ports 
and  cut  off  our  trade.     We  have  that  upon  which  the 


APPENDIX. 


365 


stability  of  every  throne  in  Europe  rests,  and  upon  which 
their  own  prosperity  depends.  Free  trade  as  to  the  rest  of 
the  world,  and  restrictions  upon  their  intercourse  would 
soon  compel  them  to  restore  and  to  keep  the  peace.  We 
then  earnestly  exhort  you  to  join  us  in  the  accomplish- 
ment ef  the  most  glorious  destiny  that  ever  awaited  a 
people.  With  nothing  of  inconvenience  but  temporary 
embarrassment,  the  not  distant  future  is  radiant  with  pros- 
perity and  renown.  Glory  awaits  us — power  and  freedom 
are  within  our  grasp.  When  we  go  hence  our  children 
will  never  reproach  us — but  far  in  the  distant  future  the 
happiness  will  be  theirs  to  look  around  upon  a  land  smiling 
with  plenty,  and  upon  a  people  united  and  happy. 

"Zealous,  yet  modest— innocent,  tho'  free — 
Patient  of  toil — serene  amidst  alarms — 
Inflexible  in  faith — invincible  in  arms." 


[Report  of  Dr.  W.  C.  Daniell,  Commissioner  from  Georgia  to 

Kentucky. ~] 

Decatur,  February  25th,  1861. 

The  Hon.   G.  W.  Crawford,  President,   Sfc,  Bel  Air. 

Sir  :  The  original  Commission,  duly  issued  by  you 
having  been  miscarried,  I  received  a  duplicate  on  the  7th 
inst.  In  the  meantime  I  had  seen  a  statement  that  the 
Legislature  of  Kentucky,  to  which  I  was  accredited, 
would  adjourn  on  the  6th  inst.  When  I  received  your 
commission  the  State  Rail  Road,  over  which  I  must  go  to 
Keutucky,  was,  owing  to  extreme  damage  caused  by  re- 
cent heavy  rains,  impassable.  I  left  home  on  the  13th 
inst.,  and  reached  Frankfort,  Kentucky,  on  the  15th 
inst.  I  learned  that  the  Legislature  did  not  adjourn 
until  the  11th  inst.  No  Convention  having  been  called,  in 
the  absence  of  the  Legislature,  I  addressed  myself  to  the 
Governor  of  Kentucky.  Having  given  me  a  frank  and 
cordial  reception,  he  expressed  much  regret  that  I  had  not 
arrived  in  time  to  make  known  my  mission  to  the  Legis- 
lature, as  he  thought  it  probable  that  I  might  have  pre- 
vailed to  induce  the  convocation  of  a  State  Convention. 
Referring  his  Excellency  to  the  recent  vote  in  Tennessee, 


366  APPENDIX. 

through  which  I  had  just  passed,  I  suggested  that  per- 
haps much  had  been  gained  to  the  cause  of  the  South  by 
the  necessary  postponement  of  that  question  in  his  State 
until  the  meeting  of  the  Legislature,  as  by  that  time  per- 
haps those  who  had  been  sent  to  Washington  by  the  border 
slave  States  would  probably  learn  that  the  elements  of 
security,  if  not  of  peace,  were  to  be  found  within  and  not 
without  their  own  borders.  The  more  recent  action  of 
Missouri  and  Arkansas  has  not  tended  to  impair  my  con- 
fidence in  this  suggestion.  His  Excellency  informed  me 
that  he  would  make  known  to  the.  Legislature,  when 
reassembled  on  the  20th  of  March  next,  my  mission  and  its 
purpose.  I  remained  in  the  seat  of  government,  Frank- 
fort, four  days,  during  which  I  was  admitted  to  free  inter- 
communications with  Gov.  Magoffin,  and  he  has  placed  me 
under  acknowledgements  for  many  courtesies  and  civilities 
during  my  sojourn  at  Frankfort. 

I  reached  this  on  my  return  from  Kentucky  on  the 
23rd  inst, 

I  have  the  honor  to  be,  very  respectfully, 

your  very  ob't.  serv't., 

W.  C.  DANIELL. 


[Report  of  W.    J.    Vascn,    Commissioner  from.    Georgia  to 

Louisiana.'] 

Sanannah,  15th  March,  1861. 

Sir:  Concerning  my  mission  as  a  Commissioner  from 
the  State  of  Georgia  in  Convention  assembled,  to  the  State 
of  Louisiana  in  Convention  assembled,  I  have  the  honor  to 
Report,  that  starting  on  my  mission  from  Milledgeville  the 
morning  after  my  election  as  a  Commissioner,  and  travel- 
ing the  most  speedy  and  practicable  route  to  Baton  Rouge, 
the  Capital  of  the  State  of  Louisiana,  I  arrived  in  the  city 
of  New  Orleans  on  the  29th  of  January,  1861.  There  I 
learned  that  the  Convention  of  the  State  of  Louisiana,  which 
assembled  in  Baton  Rouge  on  the  23rd  of  January,  after 
a  session  of  four  days,  had  adopted  an  Ordinance  to  dis- 
solve the  Union  between  the  State  of  Louisiana  and  the  other 
States  united  with  her  under  a  compact  entitled  "the  Con- 


APPENDIX. 


367 


stitution  of  the  United  States,"  and  adjourned  from  that 
place  to  reassemble  on  the  29th  day  of  that  month,  in  the 
city  of  New  Orleans. 

On  that  day  the  Convention  resumed  its  sessions  in  that 
city;  and  I  had  an  interview  with  a  committee  of  that 
body,  appointed  to  receive  Commissioners  from  other 
States ;  at  which  it  wTas  arranged  that  I  should  be  intro- 
duced and  make  known  the  objects  of  my  mission  to  the 
Convention  on  the  following  day.  Accordingly,  the  com- 
mittee, the  next  day,  personally  introduced  me  to  the 
Convention,  and  I  am  pleased  to  declare  that  I  was  re- 
ceived with  great  cordiality,  and  with  the  respect  and  con- 
sideration due  to  the  State  which  I  had  the  honor  to 
represent. 

After  an  interchange  of  salutations,  the  President  of 
the  Convention  very  respectfully  invited  me  to  address 
that  body  upon  the  objects  of  my  mission. 

That  duty  I  performed  by  exhibiting  my  Commission, 
which  accredited  me  as  a  Commissioner  from  this  to  that 
Convention,  and  laying  before  that,  the  Ordinance  of 
Secession  adopted  by  this  Convention.  I  then  briefly 
stated  what  this  Convention  had  done — defined  the  position 
which  the  State  of  Georgia  had  assumed  as  an  independent 
sovereignty  in  the  family  of  nations — invited  the  State  of 
Louisiana  to  co-operate  with  her,  and  all  the  seceding 
States,  to  form  a  Southern  Confederacy  upon  the  princi- 
ples of  the  Constitution  of  the  United  States,  and  pre- 
sented such  reasons  to  the  consideration  of  the  Conven- 
tion, as  appeared  to  me  pertinent  and  persuasive  to  that 
end. 

The  address  was  respectfully  listened  to — and  was  re- 
ceived apparently  favorably,  by  the  Convention. 

The  President  of  the  Convention,  the  day  after  my  re- 
ception handed  me  duly  certified  copies  of  "An  Ordinance 
to  dissolve  the  Union  between  the  State  of  Louisiana  and 
other  States,"  &c,  &c,  of  "An  Ordinance  to  provide  for 
the  appointment  of  Delegates  to  form  a  Southern  Confed- 
eracy," &c,  &c,  and  of  "a  resolution  in  reference  to  the 
navigation  of  the  Mississippi  river,"  with  a  request  that  I 
should  present  them  to  this  Convention  as  evidence  of  the 
disposition  and  intention  of  the  State  of  Louisiana  to  co- 


368  APPENDIX. 

operate  with  Georgia  and  the  other  seceding  States  in  the 
formation  of  a  Southern  Confederacy. 

Those  documents  I  have  the  honor  now  to  present  here- 
with to  this  Convention. 

It  is  my  duty,  and  with  pleasure  I  discharge  it,  to  de- 
clare to  this  Convention,  that  I  found  the  Convention  of 
the  State  of  Louisiana  in  perfect  accord  in  feeling  and  sen- 
timent with  the  State  of  Georgia  as  to  the  objects  of  my 
mission,  and  that  I  was  received  and  treated  with  the  kind- 
est and  most  respectful  consideration  by  the  enlightened 
and  patriotic  Convention  of  that  noble  and  chivalrous 
State. 

In  conclusion  I  tender  to  this  Convention  my  sincere 
thanks  for  the  honor  which  it  has  conferred  upon  me,  and 
express  the  hope  that  the  manner  in  which  I  have  discharg- 
ed the  delicate  and  responsible  trust  confided  in  me  will 
meet  the  approbation  of  this  Honorable  Convention. 
All  of  which  is  respectfully  submitted  by 

Your  obliged  fellow-citizen, 

Wm.  J.  VASON. 

Hon.  Geo.  W.  Crawford, 

President  of  the  Convention  of  Georgia. 


[Report  of  H.  P.  Bell,  Esq..   Commissioner  from  Georgia  to 

Tennessee.~\ 

Mr.  President  and  gentlemen  of  the  Convention  : 

I  herewith  report  to  you  the  result  of  my  mission  to  the 
State  of  Tennessee. 

In  discharging  the  duties  imposed  upon  me  by  the  com- 
mission, I  visited  Nashville,  the  Capital,  on  the  9th  of  Feb- 
ruary last,  having  been  detained  a  week  on  the  way  by 
injuries  to  the  Rail  Road,  and  found  that  the  Legislature, 
which  had  been  convened  by  the  Executive  in  extra  session 
had  adjourned  on  the  fourth. 

The  act  of  the  Legislature,  calling  the  Convention,  pro- 
vided that  the  question  of  "  Convention"  or  "No  Conven- 
tion" should  be  submitted  to  the  popular  vote  at  the  ballot 


APPENDIX.  369 

box,  The  result  of  that  vote  was  a  majority  of  ten  thous- 
and against  having  a  Convention.  The  only  means,  there- 
fore, of  official  communication  with  the  people  of  Tennes- 
see left  me,  was  with  the  Governor,  to  whom  I  presented 
the  ordinance  of  secession,  and  the  resolution  inviting  the 
co-operation  of  Tennessee,  together  with  the  other  border 
slave  States,  with  the  seceding  States  in  the  formation  of  a 
Southern  Confederacy. 

I  was  kindly  received  by  His  Excellency  Gov.  Harris,, 
who  deeply  deplored  the  result  of  the  election  in  Tennes- 
see, and  warmly  endorsed  the  action  of  Georgia  in  dissolv- 
ing her  connection  with  the  Federal  government.  He  ex- 
pressed the  opinion,  that  the  withdrawal  of  Tennessee 
from  the  government  of  the  United  States,  and  its  Union 
with  the  Confederate  States  of  America  was  only  a  ques- 
tion of  time,  and  in  this  opinion  other  distinguished  citizens, 
and  among  them  Gov.  Henry  S.  Foote,  who  boldly  vindi- 
cates the  cause  of  the  South,  concurred.  The  election  was 
not  regarded  as  indicating  anything  more  than  the  desire 
which  was  felt,  and  the  hope  that  was  cherished  by  the 
Union  party,  that  the  border  State  Convention  then  in? 
session  at  Washington  w^ould  adopt  some  plan  of  adjust- 
ment, of  the  pending  difficulty,  not  only  satisfactory  to 
the  border  States,  but  to  the  entire  South.  For  the  opin- 
ion was  entertained  by  many,  that  the  Southern  States  had 
seceded  with  the  view  of  reconstructing  the  government, 
and  the  obtainment  of  the  constitutional  rights  and  guar- 
antees upon  which  they  insisted,  in  such  reconstruction. 
I  corrected  this  mistake  as  far  as  circumstances  enabled 
me  to  do  so,  and  announced  that  the  separation  was  final 
and  irrevocable,  and  that  whatever  line  of  policy  Tennes- 
see might  adopt  in  the  future,  this  fact  is  to  be  regarded  as 
settled.  I  announced  also,  that  the  people  of  Georgia  was 
a  unit  in  maintaining  the  action  of  this  Convention  in  the 
adoption  of  the  Ordinance  of  secession.  I  assured  those 
with  whom  I  communicated  that  it  was  a  great  mistake 
to  suppose  that  the  action  of  Georgia  was  the  result  of  a 
reckless  popular  impulse,  but  that  it  was  the  high  resolve 
of  patriots,  determined  to  die  freemen  rather  than  live 
slaves.  These  assurances,  together  with  fact  that  the. 
24 


370  APPENDIX. 

Southern  States  have  repudiated  the  re-opening  of  the 
African  slave  trade,  and  indicated  the  policy  of  raising- 
revenue  by  duties  on  imposts,  and  not  by  direct  taxation 
gave  our  friends  great  confidence  in  the  success  of  the 
movement,  and  had  a  conciliatory  influence  upon  those 
hostile  to  it. 

The  opinion  prevailed  almost  universily,  at  the  time  I 
left  Nashville,  that  the  action  of  Tennessee  would  be 
determined  by  the  action  of  the  border  State  Convention, 
^nd  of  the  Convention  of  Virginia.  My  own  opinion  is, 
that  Tennessee  will  be  governed  by  Virginia  upon  this 
subject,  and  that  perhaps  all  the  border  slave  States,  will 
be  controlled  by  the  same  influence.  Some,  however,  of 
our  more  sanguine  friends,  entertain  the  opinion  that  the 
next  election,  which  will  take  place  in  August  next,  will 
settle  the  question  in  Tennessee  in  favor  of  the  South. 
Upon  the  whole,  my  judgment  is,  that  when  the  people  of 
.that  State  realizes  fully  the  fact  that  they  are  reduced  to 
the  alternative  of  taking  the  chances  of  subjection  to  the 
domination  of  relentless  republicanism,  or  the  enjoyment 
of  equality  and  independence  with  a  great  people  with 
whom  they  are  identified  in  interest,  institutions  and  des- 
daMy,  they  will  not  hesitate  to  pursue  that  course,  dictated 
alike  by  honor  and  patriotism,  and  determine  to  unite  their 
fortunes  and  destiny  with  those  of  the  Confederate  States. 

H.  P.  BELL. 

Savannah,  March  20,  1861. 


APPENDIX. 


371 


Convention  of  the  Confederate  States  of  America. 

Montgomery,  Alabama,  March  12th,  1861. 

Hon.  Geo.  W.  Crawford, 

Savannah,  G-a  : 

Sir  :— 

I  herewith  transmit  to  you  a  certified  copy  of  the  Con- 
stitution of  the  Confederate  States  of  America,  as  it  was 
finally  adopted  by  the  unanimous  vote  of  the  Convention  ; 
to  be  placed  before  the  State  Convention  over  which  you 
preside,  for  its  approval  and  ratification. 

It  will  be  seen  that  the  Convention  here  have  conformed 
to  the  general  wish  of  the  people  of  these  States,  in  adopt- 
ing a  Constitution  upon  the  general  principles  of  the  Con- 
stitution of  the  United  States.  The  departures  from  the 
provisions  of  that  instrument  have  been  suggested  by  the 
experience  of  the  past,  and  are  intended  to  guard  against 
the  evils  and  dangers  which  led  to  the  dissolution  of  the 
late  Union. 

This  Constitution  is  now  submitted,  with  confidence,  to 
the  State  Conventions  for  their  action. 

Eespectfully, 

HOWELL  COBB, 
President  of  the  Convention  C.  S.  A, 


■ 


ORDINANCES. 


AN  ORDINANCE 

to  dissolve  the  union  between  the  state  of  georgia 
and  other  states  united  with  her  under  a  compact 
of  Government  entitled  "  the  Constitution  of  the 
United  States  of  America." 

We,  the  people  of  the  State  of  Georgia,  in  Convention  assem- 
bled, do  declare  and  ordain,  and  it  is  hereby  declared  and  or- 
dained, 

That  the  ordinance  adopted  by  the  people  of  the  State 
of  Georgia  in  Convention,  on  the  second  day  of  January,  in 
the  year  of  our  Lord  seventeen  hundred  and  eighty-eight, 
whereby  the  Constitution  of  the  United  States  of  America 
was  assented  to,  ratified  and  adopted  ;  and  also  all  acts  and 
parts  of  acts  ot  the  General  Assembly  of  this  State  ratify- 
ing and  adopting  amendments  of  the  said  Constitution,  are 
hereby  repealed,  rescinded  and  abrogated. 

We  do  further  declare  and  ordain,  That  the  Union  now  sub- 
sisting between  the  State  of  Georgia  and  other  States, 
under  the  name  of  the  "  United  States  of  America,"  is 
hereby  dissolved,  and  that  the  State  of  Georgia  is  in  the 
full  possession  and  exercise  of  all  those  rights  of  sover- 
eignty which  belong  and  appertain  to  a  free  and  independent 
State. 

GEORGE  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  January  19,  1S61. 


374 


ORDINANCES. 

AN  ORDINANCE 


To  provide  for  the  execution  of  sentences  passed  by  the 
Courts  of  the  United  States,  within  the  limits  of  the 
State  of  Georgia,  and  for  the  execution  of  process  issued 
by  the  same  Courts,  and  to  preserve  indictments. 

The  people  of  Georgia,  through  their  delegates  in  Convention 
assembled,  do  hereby  declare  and  ordain, 

That  all  persons  now  confined  in  the  Penitentiary  of  this 
State,  under  sentence  upon  conviction  for  crime  by  any 
Court  of  the  late  United  States  for  the  District  of  Georgia, 
shall  continue  in  such  imprisonment  until  the  full  execution 
of  such  sentences  shall  have  been  accomplished,  in  the 
same  manner  as  if  the  ordinance  of  secession  had  not  been 
passed. 

And  it  is  further  declared  and  ordained  by  the  authority  afore- 
said, That  all  persons  now  arrested  or  confined  in  the  jails 
of  this  State,  under  process  from  the  said  Courts  of  the  late 
United  States,  shall  not  be  released  or  discharged  by  reason 
of  said  ordinance,  but  shall  continue  under  the  said  arrest 
or  imprisonment  until  discharged  by  due  process  of  law. 
And  all  persons  who  shall  have  heretofore  given  bail  to  an- 
swer to  any  warrant  or  other  process  from  said  0  ourts? 
shall  not  be  released  from  the  obligation  of  such  bonds, 
but  shall  be  (with  their  sureties)  bound  to  appear  and 
answer  to  such  Courts  of  this  State  as  may  be  directed  by 
this  Convention. 

And  be  it  further  declared  and  ordained,  That  all  indictments 
heretofore  found  true  in  the  said  Courts,  and  not  hitherto 
disposed  of,  shall  continue  in  full  force  and  virtue  until 
heard  and  determined  by  the  Courts  to  which  jurisdiction 
thereof  may  be  transferred.  And  all  process  or  warrant 
or  other  criminal  proceeding  issuing  out  of  or  returnable 
to  the  said  Courts,  shall  lose  no  virtue  by  reason  of  the  said 
act  of  secession,  but  shall  be  returnable  to  and  executed  in 
the  name  of  the  Court  to  which  jurisdiction  may  be  given 
by  this  Convention. 

GEO.  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar,  Secretary. 

Passed  22d  January,  1861. 


ORDINANCES. 

AN  ORDINANCE 


To  declare  and  continue  in  force  in  this  State  sundry  laws 
of  the  late  United  States  of  America  in  reference  to  the 
African  Slave  Trade. 

The  people  of  Georgia  in  Convention  assembled  do  hereby  de- 
clare and  ordain, 

That  all  the  laws  passed  by  the  Congress  of  the  late 
United  States  of  America  and  in  force  in  this  State  prior 
to  the  19th  day  of  January,  1861,  in  reference  to  the  Afri- 
can Slave  Trade,  except  the  fifth  section  of  the  act  of  10th 
May,  1800,  and  also  so  much  of  the  act  of  15th  May, 
1820,  as  declares  the  offences  therein  specified  to  be  piracy, 
and  in  lieu  of  the  penalty  of  death  therein  specified,  there 
shall  be  substituted  imprisonment  in  the  Penitentiary  for  a 
term  of  years  not  less  than  five  nor  exceeding  twenty,  in 
the  discretion  of  the  Court ;  be  and  the  same  are  hereby 
declared  to  be  in  full  force  in  this  State  :  Provided,  the 
same  shall  not  be  construed  to  extend  to  the  importation  of 
negro  slaves  from  any  one  of  the  Slaveholding  States  of  the 
late  United  States  of  America,  or  from  either  of  the  inde- 
pendent Republics  of  South  Carolina,  Alabama,  Florida  or 
Mississippi :  Provided  further,  the  slaves  so  introduced  from 
the  Slaveholding  States  of  North  America  shall  not  have 
been  imported  from  beyond  seas  into  such  State,  since  the 
20th  day  of  December,  1860. 

Be  it  farther  ordained  and  declared,  That  the  Governor  of 
Georgia  shall  discharge  all  the  duties  required  by  said  laws 
of  the  President  of  the  United  States,  and  the  Attorney  or 
Solicitor  General  of  the  Judicial  District  where  the  case 
arises,  shall  discharge  all  the  duties  required  of  the  District 
Attorney,  and  the  Sheriff  of  the  county  all  the  duties  re- 
quired of  the  Marshal. 

Be  it  further  ordained,  That  the  State  of  Georgia  shall  be 
substituted  for  the  United  States  in  every  portion  of  the 
said  laws,  where  the  substitution  is  required  by  the  present 
independent,  condition  of  said  State. 

GEO.  W.  CRAWFORD,  President. 

Attest :  A.  R.  Lamar,  Secretary. 

Passed  23d  January,  1S61, 


AN  ORDINANCE 
To  provide  for  the  public  defence. 

Be  it  ordained  by  the  people  of  the  State  of  Georgia,  in  Con- 
xion assembled, 

That  the  Governor  of  this  State  is  hereby  authorized  to 
raise  and  equip  a  regular  military  force,  and  to  employ  the 
same  in  such  defensive  service  as  the  public  security  in  this 
or  neighboring  States  may  demand. 

Such  regular  force  shall  not  exceed  two  regiments  of  In- 
fantry and  Light  Infantry  and  Artillery,  in  such  proportion 
as  the  Governor  may  direct. 

The  Governor  as  Commander-in-Chief,  shall  appoint  and 
commission  the  necessary  officers  for  these  forces,  selecting 
as  far  as  practicable,  officers  of  the  United  States  Army, 
who  may  have  entered  the  service  of  this  State,  according 
to  their  relative  rank,  and  all  such  commissions  may  be  re- 
voked, whenever  a  Government  shall  be  established  by  the 
Southern  States  to  which  Georgia  shall  accede.  The  offi- 
cers and  enlisted  men,  raised  by  this  ordinance,  shall  re- 
ceive the  same  pay  and  emoluments,  as  are  provided  for 
similar  service  by  the  laws  of  the  United  States. 

And  be  it  further  ordained,  That  for  the  regulation  of  all 
military  matters,  not  otherwise  provided  for  by  the  laws  of 
this  State,  the  "  Articles  of  War,"  and  the  Army  regula- 
tions, declared  and  established  by  the  United  States  Gov- 
ernment, as  lately  existing,  are  hereby  adopted,  as  far  as 
applicable  to  the  present  condition  of  this  State. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 

Attest :  A.  R.  Lamar,  Secretray. 
Passed  25th  January,  1861. 


ORDINANCES.  377 

AN  ORDINANCE 

To  make  Provisional  Postal  Arrangements  in  Georgia. 

Whereas,  It  is  desirable  that  there  should  be  no  disturb- 
ance in  the  present  postal  arrangements  in  this  and  other 
States. 

Therefore  be  it  ordained,  and  it  is  hereby  ordained  and  declar- 
ed by  the  people  of  Georgia-,  in  Convention  assembled, 

That  the  existing  postal  contracts  and  arrangements  shall 
be  allowed  to  continue,  and  the  persons  charged  with  the 
duties  thereof,  shall  continue  to  discharge  said  duties  until 
a  postal  treaty  shall  be  [concluded,  or  until  otherwise  di- 
rected. 

Be  it  further  ordained  by  the  autliority  aforesaid,  That  in 
case  the  Government  of  the  United  States,  or  its  officers  or 
agents  shall  fail  or  refuse  to  execute  said  contracts,  or  carry 
on  said  arrangements,  it  shall  be  the  duty  of  the  Governor 
of  this  State  to  make  all  contracts,  appoint  all  officers,  and 
do  all  other  things  which  may  be  necessary  to  keep  up  suf- 
ficient mail  facilities  to  meet  the  wants  of  the  people  of 
Georgia,  until  otherwise  ordered  by  the  proper  authorities. 

GEO.  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar,  Secretary. 

Passed  25th  January,  1861. 

AN  ORDINANCE 

In  relation  to  the  inter-State  Slave  Trade. 

Be  it  ordained  by  the  peojjle  of  Georgia  in  Convention  as- 
sembled, and  it  is  hereby  ordained  by  the  authority  of  the  same, 

That  all  the  laws  relating  to  the  inter-State  Slave  Trade 
which  were  in  force  at  the  time  of  the  passage  of  the 
Ordinance  of  Secession  shall  be  deemed  and  held  to  be  still 
in  force. 

GEO.  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar.  Secretary. 
Passed  24th,  January,  1861. 


ORDINANCES. 


AN  ORDINANCE 

To  resume  jurisdiction  over  those  places  within  the  limits 
of  Georgia,  over  which  jurisdiction  has  been  heretofore 
ceded  to  the  late  United  States  of  America,  and  to  pro- 
vide for  compensation  to  the  said  United  States  for  the 
improvements  erected  thereon. 

The  people  of  Georgia  in  Convention  assembled  do  hereby  de- 
clare and  ordain, 

That  the  cessions  heretofore  made  by  the  General  As- 
sembly of  this  State,  granting  jurisdiction  to  the  late 
United  States  of  America,  over  specified  portions  of  the 
Territory  within  the  present  limits  of  the  State  of  Geor- 
gia, be,  and  the  same  are  hereby  revoked  and  withdrawn, 
and  the  full  jurisdiction  and  sovereignty  over  the  same  are 
hereby  resumed  by  said  State. 

Be  it  further  ordained,  That  the  buildings,  machinery, 
fortifications,  or  other  improvements  erected  on  the  land  so 
heretofore  ceded  to  the  said  United  States,  or  other  proper- 
ty found  therein  belonging  the  United  States,  shall  be  held 
by  this  State,  subject  to  be  accounted  for  in  any  future  ad- 
justment of  the  claims  between  this  State  and  the  said 
United  States. 

GEO.  W.  CRAWFORD,  President. 
Attest:  A.  R.  Lamar,  Secretary. 
Passed  25th,  January,  1861. 

AN  ORDINANCE 

In  relation  to  Oaths  heretofore  required  of  Public  Officers 
and  Attorneys  at  Lav/. 

The  peojile  of  Georgia,  in  Convention  assembled,  declare  and 
ordain. 

That  the  oath  heretofore  required  to  be  administered  to 
Public  Officers  and  Attorneys  and  Solicitors  at  Law,  to 
support  the  Constitution  of  the  United  States,  shall  be 
hereafter  discontinued. 

GEO.  W.  CRAWFORD,  President. 

Attest:  A.  R.  Lamar,  Secretary. 

Passed  25th  January,  1861. 


ORDINANCES. 

AN  ORDINANCE 


Concerning  Officers  of  the  Army  and  Navy. 

Whereas,  Certain  officers  of  the  army  and  navy  of  the 
United  States,  citizens  of  the  State  of  Georgia,  impelled 
by  patriotic  motives,  have  already  resigned  their  appoint- 
ments and  tendered  their  services  to  the  State;  and 
whereas,  others  may  desire  to  make  the  same  tender. 

Be  it  Ordained,  by  the  People  of  Georgia,  in  Convention 
assembled, 

That  all  such  officers  who  have  resigned  for  the  purpo- 
ses aforesaid,  or  have  made  such  offer,  and  all  those  on  the 
active  list  who  may  resign  and  make  such  tender  of  ser- 
vice within  such  time  as  circumstances  may  admit,  shall  be 
received  into  the  service  of  the  State,  and  shall  be  ap- 
pointed and  commissioned  by  the  Governor  to  the  same 
relative  rank  in  the  army  and  navy  of  Georgia,  which  they 
held  under  the  Government  of  the  United  States,  and 
shall  receive  the  same  pay  from  their  entrance  into  service 
as  they  were  entitled  to  at  the  time  of  their  resignations. 

Provided,  That  the  Governor  of  this  State  shall  employ 
such  officers  in  the  service  to  which  they  may  be  respec- 
tively attached,  in  such  manner  as,  in  his  judgment,  the 
public  exigencies  may  require. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 
Attest:   A.  R.  Lamar,  Secretary. 
Passed  January  25th,  1861. 

AN  ORDINANCE 

Concerning  Citizenship. 

We,  the  People  of  the  State  of  Georgia,  in  Convention 
assembled,  do  declare  and  Ordain,  and  it  is  hereby  de- 
clared and  Ordained, 

1st,  Every  person  who,  at  the  date  of  the  Ordinance 
of  the  Secession,  was  residing  in  this  State,  and  was  then 


ORDINANCES. 

by  birth,  residence,  or  naturalization,  a  citizen  of  this 
State,  shall  continue  a  citizen  of  this  State,  unless  a 
foreign  residence  shall  be  established  by  such  person, 
with  the  intention  of  expatriation. 

2nd,  So  also  shall  continue  every  free  white  person  who, 
after  the  date  aforesaid,  may  be  bom  within  the  Territory 
of  this  State,  or  may  be  born  outside  of  that  Territory,  of 
a  father  who  then  was  a  citizen  of  this  State. 

3rd,  So  also  every  person  a  citizen  of  any  one 
of  the  States  lately  confederated  under  the  name  of  the 
United  States  of  America,  who,  within  twelve  months 
after  the  date  of  the  Ordinance  of  Secession,  shall  come 
to  reside  in  this  State,  with  the  intention  of  remaining, 
upon  such  person's  taking  the  oath  of  allegiance  to  this 
State,  below  provided, 

4th,  So  also  every  free  white  person  who  shall  be  en- 
gaged in  the  actual  service,  Military  or  Naval,  of  the 
State,  and  shall  take  an  oath  of  his  intention  to  continue 
in  such  service  for  at  least  three  months,  unless  sooner 
discharged  honorably,  and  also  the  oath  of  allegiance  below 
prescribed.  In  this  case,  the  oaths  shall  be  administered 
by  some  Commissioned  officer  of  the  service  in  which  the 
applicant  for  citizenship  may  be  engaged,  superior  in  rank 
to  the  applicant,  and  thereupon  certificate  of  the  citizen- 
ship of  the  applicant  shall  be  signed  by  the  officer  and 
delivered  to  the  applicant. 

5th,  So  also,  every  person  not  a  citizen  of  any  of  the 
States  above  mentioned,  at  the  date  aforesaid,  who  may 
come  to  reside  in  this  State,  with  the  intention  of  remain- 
ing, and  may  be  naturalized  according  to  the  naturalization 
laws  of  this  State  ;  until  they  may  be  altered  or  repealed, 
the  naturalization  laws  of  the  United  States  accommodated 
to  the  special  condition  of  the  State,  are  hereby  made  the 
laws  of  this  State  ;  except  that  instead  of  the  oaths  re- 
quired by  those  laws  in  the  final  Act,  the  oath  of  alle- 
giance to  this  State,  and  of  adjuration  below  provided,  shall 
be  taken. 

6th,  In  all  cases,  the  citizenship  of  a  man  shall  extend 
to  his  wife  present  or  future,  whenever  she  shall  have  a 
residence  in  this  State,  and  shall  extend  also  to  each  of  his 


380 


ORDINANCES. 


children,  that  under  the  age  of  eighteen  years,  may  have  a 
residence  in  the  State;  Provided,  That  in  no  case,  shall 
citizenship  extend  to  any  person,  who  is  not  a  free  white 
person. 

7th,  That  the  oath  of  allegiance  to  this  State  shall  be 
in  the  following  form,  to-wit:  "I  do  swear,  (or  affirm,) 
that  I  will  be  faithful,  and  true  allegiance  bear  to  the  State 
of  Georgia,  so  long  as  I  may  continue  a  citizen  thereof." 

Sth,  The  oath  of  abjuration  shall  be  in  the  following 
form,  to-wit: 

"I  do  swear,  (or  affirm.)  that  I  do  renounce  and  forever 
abjure  all  allegiance  and  fidelity  to  every  Prince,  Po ten- 
ate,  State  or  Sovereignty  whatsoever,  except  the  State  of 
Georgia." 

GEO.  W.  CRAWFORD,  President. 
Attest:   A.  R.  Lamar,  Secretary. 
Passed  26th  January,  1S61. 

AN  ORDINANCE 

To  adopt  and  continue  in  force  the  laws  of  the  late 
United  States,  in  the  State  of  Georgia,  except  as  therein 
excepted. 

The  People  of  Georgia,  in  Convention  assembled,  do  de- 
clare and   Ordain,  as  follows: 

Section  1.  That  such  and  so  much  of  the  laws  of  the 
late  United  States,  as  are  not  inconsistent  with  the  Ordi- 
nance of  Secession,  and  the  other  Ordinances  of  this  Con- 
vention, and  as  are  applicable  and  adapted  to  our  present 
condition  and  necessities,  be,  and  the  same  are  hereby 
adopted  and  continued  in  force  in  this  State ;  saving  and 
excepting,  however,  the  laws  on  the  subjects  following, 
to-wit :  "The  army,  bounty-lands,  cadets,  census,  coasting 
trade,  treason,  fisheries,  lands,  the  navy,  pensions,  printing, 
public  money,  timber,  treasury  department,  and  the  war 
department. 

Section  2.  That  in  all  cases  in  which  remedies  are  pro- 
vided in  civil  cases,   or  punishments   are  prescribed  in 


382 


ORDINANCES. 


criminal  cases,  both  by  the  laws  of  the  said  Un  ited  States, 
and  by  the  existing  laws  of  this  State,  then,  and  in  all 
such  cases,  the  laws  of  this  State  shall  take  precedence  to, 
and  be  administered  before  the  said  laws  of  the  United 
States. 

GEO.  W.  CRAWFORD,  President. 
Attest:   A.  R.  Lamar,  Secretary. 
Passed  January  26th  1861. 

AN  ORDINANCE 

To  define  and  declare  what  shall  be  treason  and  misprison 
of  treason  in  the  State  of  Georgia  ;  and  also  certain  felo- 
nies. 

The  people  of  Georgia  in  Convention  assembled,  do  hereby  de- 
clare and  ordain,  That  if  any  person  or  person,  owing  alle- 
giance to  the  State  of  Georgia,  shall  levy  war  against  said 
State,  or  shall  adhere  to  her  enemies,  giving  them  aid  and 
comfort  within  the  said  State  or  elsewhere  ;  or  shall  in  the 
name  of  the  late  United  States  of  America,  or  any  other  for- 
eign power,  seize,  or  attempt  to  seize  and  hold  possession 
against  the  declared  will  of  said  State,  of  any  Fort,  Arsenal, 
Mint,  or  other  building  within  the  territorial  limits  of  said 
State,  and  shall  be  thereof  convicted  on  confession  in  open 
court,  or  on  the  testimony  of  two  witnesses  to  the  same 
overt  act  of  the  treason  whereof  he  or  they  shall  stand  in- 
dicted, such  person  or  persons  shall  be  adjudged  guilty 
of  treason  against  the  State  of  Georgia  and  shall  suffer 
death. 

A  person  having  knowledge  of  the  commission  of  any  of 
the  treasonable  acts  aforesaid,  and  conceals,  or  fails  to  dis- 
close the  same  as  soon  as  may  be,  to  the  Governor  of  said 
State  or  some  one  of  the  Judges  thereof,  shall  be  guilty  of 
misprision  of  treason,  and  on  conviction,  shall  be  punished 
by  imprisonment  and  labor  in  the  Penitentiary,  not  less 
than  five,  nor  longer  than  ten  years. 

Any  citizen  of  the  State  of  Georgia,  wherever  resident, 
who  shall  without  the  permission  of  said  State,  directly  or 
indirectly  commence,  or  carry  on  any  verbal  or  written  cor- 
respondence or  intercourse  with  any  foreign  Government, 


ORDINANCES. 


or  any  officer  or  agent  thereof,  with  any  intent  to  influence 
the  measures  or  conduct  of  such  Government  adversely  to 
the  existence  or  interests  of  said  State  in  relation  to  any 
disputes  or  controversies  with  said  State,  or  to  defeat  the 
measures  of  the  Government  of  said  State  ;  or  if  any  such 
person  not  duly  authorized,  shall  counsel,  advise,  aid  or  as- 
sist in  any  such  correspondence,  such  citizen  of  Georgia 
shall  be  guilty  of  a  felony,  and  on  conviction,  shall  be  pun- 
ished by  imprisonment  in  the  Penitentiary,  not  less  than 
one,  nor  more  than  three  years,  and  by  a  fine  not  exceeding 
five  thousand  dollars. 

GEO.  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  26th  January,  1S61. 

AN  ORDINANCE 

To  make  Provisional  Arrangements  for  the  continuance  of 
Commercial  facilities  in  Georgia. 

We  the  people  of  Georgia,  in  Convention  assembled,  do  declare 
and  ordain*  and  it  is  hereby  declared  and  ordained, 

First,  That  all  citizens  of  the  State  of  Georgia,  who  on 
the  19th  day  of  January  1861,  were  holding  office,  or  who 
may  have  resigned,  and  whose  resignation  may  not  have 
been  accepted,  connected  with  the  customs  under  the  Gov- 
ernment of  the  late  United  States,  within  the  limits  of  this 
State,  be  and  they  are  hereby  appointed  to  hold,  under  the 
Government  of  this  State,  exclusive  of  any  further  connec- 
tion whatever  with  the  Government  of  the  late  United 
States,  the  same  offices  they  now  fill,  until  otherwise  di- 
rected, and  to  receive  the  same  pay  and  emoluments  for 
their  services. 

Second,  That  until  this  Convention  or  other  Provisional 
Government  shall  otherwise  provide,  the  Governor  shall 
appoint  to  all  vacancies  which  now  exist,  or  may  hereafter 
occur  in  such  offices. 


Third,  That,  until  otherwise  provided,  the  revenue,  col- 


ORDINANCES. 


lection  and  navigation  laws,  of  the  late  United  States,  so  far 
as  they  may  be  applicable,  be,  and  they  are  hereby  adopted 
and  made  the  laws  of  this  State,  saving  that  no  duties  shall 
be  collected  upon  imports  from  the  States  forming  the  late 
United  States,  nor  upon  the  tonnage  of  vessels  owned  in 
whole  or  in  part  by  the  citizens  of  the  said  [States  :  Pro- 
vided, if  the  said  late  United  States  should  assume  an  atti- 
tude of  hostility  towards  the  State  of  Georgia,  then  the 
Governor  by  his  Proclamation,  shall  put  them  upon  the 
same  footing  with  all  other  foreign  [nations  :  And  saving 
and  excepting  the  Act  of  Congress,  adopted  the  3d  day  of 
March,  1817,  entitled  "  An  Act  authorizing  the  deposit  of 
papers  of  foreign  vessels  with  the  Consuls  of  their  respec- 
tive nations,"  which  act  is  hereby  declared  to  be  of  no  force 
within  the  limits  of  this  State. 

Fourth,  That  all  vessels  built  in  Georgia  or  elsewhere, 
and  owned  to  the  amount  of  one  third,  by  a  citizen  or  citi- 
zens of  Georgia,  or  of  any  of  the  seceding  States  from  the 
late  United  States,  and  commanded  by  a  citizen  thereof  and 
no  other,  shall  be  registered  as  vessels  of  Georgia,  under  the 
authority  of  the  Collector  and  Naval  Officer. 

Fifth,  That  all  the  official  acts  of  the  officers  aforesaid 
in  which  it  is  usual  and  proper  to  set  forth  the  authority 
under  which  they  act,  or  the  style  of  documents  issued  by 
them,  or  any  of  them,  shall  be  in  the  name  of  the  State  of 
Georgia. 

Sixth,  That  all  moneys  hereafter  collected  by  any  of  the 
officers  aforesaid,  shall,  after  deducting  the  sums  necessary 
for  the  compensation  of  officers,  and  other  expenses  incident 
thereto,  be  paid  into  the  Treasury  of  the  State  of  Georgia, 
subject  to  the  order  of  this  Convention  or  the  General  As- 
sembly. 

Seventh,  That  the  officers  aforesaid,  shall  retain  in  their 
hands  all  property  of  the  late  United  States  in  their  posses- 
sion, custody  or  control,  subject  to  the  disposal  of  the  pro- 
per authorities,  who  will  account  for  the  same  upon  a  final 
settlement  with  the  Government  of  the  late  United  States. 

GEO.  W.  CRAWFORD,  President. 

Attest :  A.  R.  Lamar,  Secretary. 

Passed  28th  January,  1861. 


ORDINANCES.  385 

AN  ORDINANCE 


To  abolish  the  Circuit  and  District  Courts  of  the  United 
States,  for  the  District  of  Georgia,  and  to  establish  other 
Courts  in  lieu  thereof,  and  to  continue  in  force  certain 
judgments  and  executions. 

T lie  people  of  Georgia  in  Convention  assembled  hereby  de- 
clare and  ordain, 

That  the  Circuit  and  District  Courts  of  the  late  United 
States  for  the  State  of  Georgia,  be,  and  the  same  are  here- 
by abolished  as  Courts  of  the  said  United  States,  and  the 
.District  Courts  of  the  United  States  for  the  Northern  and 
Southern  Districts  of  the  State  of  Georgia,  are  hereby  re- 
established as  Courts  of  the  independent  State  of  Georgia, 
with  the  same  jurisdiction  and  powers  as  they  had  under 
the  laws  of  the  United  States,  except  so  far  as  the  same  are 
modified  by  the  Ordinances  of  this  Convention. 

2.  The  Commissions  of  all  the  Judges  and  officers  of" 
said  Courts  are  hereby  terminated.  And  the  Governor  of 
this  State  is  hereby  authorized  to  appoint  and  commission 
a  Judge  and  other  officers  of  said  Courts,  to  hold  their 
commissions  until  the  further  action  of  this  Convention, 
the  said  Judge  to  reside  in  or  near  the  city  of  Savannah  in 
this  State,  and  the  said  Judge  shall  receive  at  the  rate  of 
twenty-five  hundred  dollars  per  annum  as  his  salary. 

3.  The  causes,  civil  and  criminal  now  pending  in  the 
Circuit  Court  of  the  late  United  States  for  Georgia,  are 
hereby  transferred  to  the  District  Court  now  here- 
by re-established  for  the  Southern  District  of  Georgia^ 
and  the  said  District  Court  shall  have  power  to  hear  and 
determine  the  same. 

4..  The  causes,  civil  and  criminal,  now  pending  in  Dis- 
trict Courts  of  the  ^Northern  and  Southern  Districts  of 
Georgia,  are  continued  without  prejudice  in  the  said  Courts 
now  hereby  established,  and  the  judgments  and  decrees 
heretofore  rendered  therein,  and  the  executions  issued 
thereon  shall  lose  no  right,  lien  or  validity  by  the  operation 
of  this  Ordinance,  or  the  Ordinance  of  secession,  but  shall 
continue  in  force  as  if  the  Courts  remained  in  existence, 
and  the  stay  law  of  the  General  Assembly  of  1S60,  shall 
apply  to  the  judgments  aud  proceedings  of  said  Courts. 

5.  No  civil  suits  in  favor  of  citizens  of  other  States  shall 
25 


3S6 


ORDINANCES. 


be  instituted  in  said  Courts  until  the  further  order  of  this 
Convention,  except  cases  of  Admiralty  and  Maratime  Juris- 
diction. 

GEO.  W.  CRAWFORD,  President, 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  29th  January,  1861. 

AN  ORDINANCE. 

In  view  of  the  present  condition  of  the  country,  and  the 
alleged  apprehension  of  Foreign  Capitalists  as  to  the 
security  of  capital  invested  in  this  State, 
Be  it  ordained. 

That  to  encourage  the  manufacturing  and  mining,  and 
other  permanent  improvements  of  this  State,  this  Conven- 
tion does  hereby  declare  it  to  be  the  fixed  policy  of  Georgia 
to  protect  all  investments  already  made,  or  which  may  be 
hereafter  made  by  citizens  of  other  States  in  mines  or 
manufactures  in  this  State,  and  capital  invested  in  any 
other  permanent  improvement. 

GEO.  W.  CRAWFORD,  President. 

Attest :  A.  R.  Lamar,  Secretary. 

Passed  January  29,  1861. 

AN  ORDINANCE 
In  addition  to  a  previous  Ordinance  of  this  Convention  on 
the  subject  of  Citizenship. 

Be  it  ordained  by  the  people  of  Georgia  in  sovereign  Convention 
assembled, 

That  all  white  persons,  resident  in  this  State  at  the  time 
of  the  secession  of  the  State  from  the  United  States,  with 
the  bona  fide  intention  of  making  it  the  place  of  their  per- 
manent abode,  shall  be  considered  as  citizens  of  this  State 
without  reference  to  their  place  of  birth ;  Provided,  That 
any  person  not  born  in  this  State  can  except  him  or  her- 
self from  the  operation  of  this  Ordinance  by  a  declaration 
in  any  Court  of  Record  in  the  State,  within  three  months 
from  this  date,  that  he,  or  she,  does  not  wish  to  be  con- 
sidered a  citizen  of  this  State. 

GEO.  W.  CRAWFORD,  President. 

Attest:  A.  R.  Lamar,  Secretary. 

Passed  March  16,  1861. 


ORDINANCES. 

AN  ORDINANCE 


387 


To  transfer  to  the  provisional  government  of  the  Confede- 
rate States  of  America  the  use  and  occupancy  of  the 
Forts,  Arsenals,  Navy  Yards,  Custom  Houses,  and  other 
public  sites  within  the  limits  of  this  State. 

The  people  of  Georgia  in  Convention  assembled  do  ordain. 

That  the  government  of  the  Confederate  States  of  Ame- 
rica is  hereby  authorized  to  occupy,  use,  and  hold  posses- 
sion of  all  the  Forts,  Navy  Yards,  Arsenals,  Custom  Houses 
and  other  public  sites,  with  their  appurtenances,  within 
the  limits  of  this  State,  and  lately  in  possession  of  the 
United  States  of  America  ;  and  to  repair,  rebuild  and  control 
the  same  at  its  discretion  until  this  ordinance  be  repealed  by 
a  Convention  of  the  people  of  this  State. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  March  20,  1861. 

AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States 
certain  arms  and  munitions  of  war,  and  for  other  pur- 
poses. 

The  people  of  Georgia  in  Convention  assembled  do  ordain, 

Section  1st.  That  the  control  of  all  military  operations 
in  this  State  having  reference  to,  or  connection  with,  ques- 
tions between  this  State,  or  any  of  the  Confederate  States 
of  America,  and  powers  foreign  to  them,  is  hereby  trans- 
ferred to  the  government  of  the  Confederate  States  of  Ame- 
rica. 

Sec.  2nd.  That  the  State  of  Georgia  hereby  transfers  to 
the  government  of  the  Confederate  States  of  America,  the 
arms  and  munitions  of  war  acquired  from  the  United  States, 
with  the  Forts  and  Arsenals,  and  which  are  now  in  the 
said  Forts  and  Arsenals. 


338  ,  ORDINANCES. 

Sec.  3rd.  That  the  Governor  of  this  State  is  hereby  au- 
thorized to  transfer  to  the  Government  of  the  Confederate 
States  such  arms,  munitions  of  war,  armed  vessels  or  steam- 
ers belonging  to  this  State,  as  in  his  judgment  may  be  ex- 
pedient, and  upon  such  terms  as  may  be  agreed  upon,  with 
the  said  government  of  the  Confederate  States. 

Sec.  4th.  The  transfer  herein  provided  for,  shall  be  con- 
ducted on  the  part  of  this  State  by  the  Governor  thereof, 
the  Government  of  the  Confederate  States  undertaking  to 
account  for  all  such  arms  and  munitions  of  war  as  are  here- 
by transferred. 

GEO.  W.  CRAWFOKD, 

President  of  the  Convention, 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  March  20,  1861. 

AN  ORDINANCE 

To  organize  Senatorial  Districts. 

The  people  of  Georgia  in  Convention  assembled  do  hereby  de 
dare  and  ordain. 

That  the  Senatorial  Districts  of  this  State  shall  be  organ- 
ized by  counties  as  follows  : 

The  first  District  shall  consist  of  the  counties  of  Chat- 
ham, Bryan  and  Effingham. 

The  second  of  Liberty,  Tatnall  and  Mcintosh. 
The  third  of  Wayne,  Pierce  and  Appling. 
The  fourth  of  Glynn,  Camden  and  Charlton. 
The  fifth  of  Coffee,  Ware  and  Clinch. 
The  sixth  of  Echols,  Lowndes  and  Berrien. 
The  seventh  of  Brooks,  Thomas  and  Colquitt. 
The  eighth  of  Decatur,  Mitchell  and  Miller. 
The  ninth  of  Early,  Calhoun  and  Baker. 
The  tenth  of  Dougherty,  Lee  and  Worth. 
The  eleventh  of  Clay,  Randolph  and  Terrell. 
The  twelfth  of  Stewart,  Webster  and  Quitman. 
The  thirteenth  of  Sumter,  Schley  and  Macon. 
The  fourteenth  of  Dooly,  Wilcox  and  Pulaski. 


ORDINANCE.-.  359 

The  fifteenth  of  Montgomery,  Telfair  and  Irwin. 
The  sixteenth  of  Laurens,  Johnson  and  Emanuel. 
The  seventeenth  of  Bulloch,  Scriven  and  Burke. 
The  eighteenth  of  Richmond,  Glasscock  and  Jefferson. 
The  nineteenth  of  Taliaferro,  Warren  and  Greene. 
The  twentieth  of  Baldwin,  Hancock  and  Washington. 
The  twenty-first  of  Twiggs,  Wilkinson  and  Jones. 
The  twenty-second  of  Bibb,  Monroe  and  Pike. 
The  twenty-third  of  Houston,  Crawford  and  Taylor. 
The  twenty-fourth  of  Marion,  Chattahoochee  and  Mus- 
cogee. 

The  twenty-fifth  of  Harris,  Upson  and  Talbot. 
The  twenty-sixth  of  Spalding.  Butts  and  Fayette. 
The  twenty-seventh  of  Xewton,  Walton  and  Clarke. 
The  twenty-eighth  of  Jasper,  Putnam  and  Morgan. 
The  twenty-ninth  of  Wilkes,  Lincoln  and  Columbia. 
The  thirtieth  of  Oglethorpe,  Madison  and  Elbert. 
The  thirty-first  of  Hart,  Franklin  and  Habersham. 
The  thirty-second  of  White,  Lumpkin  and  Dawson. 
The  thirty-third  of  Hall,  Banks  and  Jackson. 
The  thirty-fourth  of  Gwinnett,  DeKalb  and  Henry. 
The  thirty-fifth  of  Clayton,  Fulton  and  Cobb. 
The  thirty-sixth  of  Merriwether,  Coweta  and  Campbell. 
The  thirty-seventh  of  Troup,  Heard  and  Carroll. 
The  thirty-eighth  of  Haralson,  Polk  and  Paulding. 
The  thirty-ninth  of  Cherokee,  Milton  and  Forsyth. 
The  fortieth  of  Union,  Towns  and  Rabun. 
The  forty-first  of  Fannin,  Gilmer  and  Pickens. 
The  forty-second  of  Cass,  Floyd  and  Chattooga. 
The  forty-third  of  Murray,  Whitfield  and  Gordon. 
The  forty-fourth  of  Walker,  Dade  and  Catoosa. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  March  20,  1S61. 


ORDINANCES. 


AN  ORDINANCE 

To  define  the  number  of  men  who  shall  compose  a  company 
in  the  two  regular  Regiments  of  Infantry. 

Be  it  ordained  by  the  people  of  Georgia  in  Convention  assem- 
bled, 

That  the  number  of  men  who  shall  compose  a  company 
of  infantry  in  the  said  regular  regiments  of  infantry  author- 
ized to  be  raised  by  an  ordinance  of  this  Convention,  shall 
be  the  same  as  is  provided  for  the  volunteer  force  author- 
ized to  be  raised  by  the  General  Assembly  of  this  State, 
by  an  act  "  to  provide  for  the  public  defence,  and  for  other 
purposes." 

GEO.  W.  CRAWFORD, 

President  of  the  Convention, 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  23d  March,  1861. 

AN  ORDINANCE 

To  authorize  the  Governor  to  pay  the  officers  and  men  of 
the  various  Volunteer  Companies  which  have  been  em- 
ployed by  him  in  the  military  defence  of  the  State. 

Be  it  Ordained  by  the  People  of  Georgia,  in  Convention 
assembled, 

That  the  Governor  be,  and  is  hereby  authorized  and 
required  to  pay  the  officers  and  men  of  the  various  Volun- 
teer Companies  which  have  been  employed  by  him  in  the 
military  service  of  the  State  such  compensation  according 
to  their  respective  grades,  as  is  allowed  by  law  to  the 
officers  and  privates  in  the  regular  army  of  the  United 
States. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 
Attest:   A.  R.  Lamar,  Secretary. 
Passed  March  23rd,  1861. 


ORDINANCES. 


391 


AN  ORDINANCE 

To  alter  and  fix  the  times  of  electing  the  Governor  and 
members  of  the  General  Assembly. 

Be  it  Ordained,  by  the  People  of  Georgia,  in  QonveMibn 
assembled,  and  it  is  hereby  Ordained  by  the  authority  of  the 
same, 

That  the  next  election  of  Governor  and  members  of  the 
General  Assembly,  shall  be  held  on  the  first  Wednesday  in 
October,  1S61,  and  that  the  Governor  and  members  of  the 
General  Assembly  shall  be  elected  biennially  thereafter, 
on  the  first  Wednesday  in  October,  until  the  same  shall  be 
altered  by  law. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 

Attest:    A.  R.  Lamar,  Secretary. 
Passed  March  23rd,  1S61. 

AN  ORDINANCE 

To  define  the  extent  and  duration  of  the  Ordinances  passed 
by  this  Convention. 

The  People  of  Georgia,  in  Convention  assembled,  Ordain, 

That  all  Ordinances  passed  by  this  Convention  shall  be 
subject  to  the  modification  or  repeal  by  the  General  As- 
sembly of  this  State,  except  the  following: 

1st,  The  Ordinance  of  Secession. 

2nd,  The  Ordinance  of  Ratification  of  the  Constitution 
of  the  Confederate  States  of  America. 

3rd.  The  Ordinances  in  relation  to  the  Constitution  of 
the  State. 

4th,  All  Ordinances  or  Resolutions  referring  to  our  re- 
lations with  the  Confederate  States. 

5th,  All  Ordinances  which,  by  their  own  terms,  can  be 
changed  only  by  a  Convention  of  the  People. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 

Attest :   A.  R.  Lamar,  Secretary. 
Passed  March  23rd,  1861. 


ORDINANCES, 


AN  ORDINANCE 

To  organize   the  Congressional   Districts  of  this  State, 
and  for  other  purposes. 

The  People  of  Georgia,  in  Convention  assembled,  do  here- 
by declare  and  Ordain, 

That  the  Congressional  Districts  of  this  State  shall  be 
arranged  by  counties,  as  follows  : 

The  first  District  shall  be  composed  of  the  following- 
counties:  Appling,  Bryan,  Bulloch,  Chatham,  Camden, 
Charlton,  Clinch,  Coffee,  Effingham,  Emanuel,  Glynn. 
Liberty,  Mcintosh,  Montgomery,  Pierce,  Scriven,  Telfair, 
Tattnall,  Ware,  and  Wayne. 

The  second  District  shall  be  composed  of  the  counties  of 
Baker,  Berrien,  Brooks,  Calhoun ,  Clay,  Colquitt,  Dooly, 
Decatur,  Dougherty,  Early,  Echols,  Irwin,  Lee,  Lowndes, 
Mitchell,  Miller,  Randolph,  Terrell,  Thomas,  Wilcox,  and 
Worth. 

The  third  District  shall  shall  be  composed  of  the  coun- 
ties of  Chattahoochee,  Harris,  Muscogee,  Marion,  Macon, 
Quitman,  Stewart,  Sumter,  Schley,  Taylor,  Talbot,  and 
Webster. 

The  fourth  District  shall  be  composed  of  the  counties  of 
Baldwin,  Bibb,  Crawford,  Jones,  Jasper,  Houston,  Laurens, 
Putnam,  Pulaski,  Twiggs,  and  Wilkinson. 

The  fifth  District  shall  be  composed  of  the  counties  of 
Burke,  Columbia,  Glasscock,  Hancock,  Jefferson,  Johnson, 
Lincoln,  Richmond,  Warren,  Wilkes,  and  Washington. 

The  sixth  District  shall  be  composed  of  the  counties  of 
Clarke,  Elbert,  Franklin,  Greene,  Hart,  Madison,  Morgan, 
Newton,  Oglethorpe,  Taliaferro,  Walton,  and  Jackson. 

The  seventh  District  shall  be  composed  of  the  counties 
of  Butts,  Clayton,  Fayette,  Henry,  Merriwether,  Monroe, 
Pike,  Spalding,  Troup,  and  Upson. 

The  eighth  District  shall  be  composed  of  the  counties 
of  Campbell,  Carroll,  Coweta,  Cobb,  DeKalb,  Fulton, 
Haralson,  Heard,  Paulding,  and  Polk. 


ORDINANCES. 


393 


The  ninth  District  shall  be  composed  of  the  counties  of 
Banks,  Cherokee,  Dawson,  Forsyth,  Gwinnett,  Habersham, 
Hall,  Lumpkin,  Milton,  Pickens,  Rabun,  Towns,  Union, 
and  White. 

The  tenth  District  shall  be  composed  of  the  counties  of 
Cass,  Catoosa,  Chattooga,  Dade,,  Fannin,  Floyd,  Gordon, 
Gilmer,  Murray,  Walker,  and  Whitfield. 

Be  it  further  Ordained,  That  the  first  election  for  mem- 
bers to  Congress,  shall  be  had  under  and  by  virtue  of  this 
Ordinance,  and  thereafter  said  Districts  to  be  regulated 
by  the  Legislature  whenever  the  Congress  of  the  Confed- 
erate States  shall  alter  the  apportionment  of  Representation. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 
Attest:   A.  R.  Lamar,  Secretary. 
Passed  March  23rd,  1861. 

AN  ORDINANCE 

To  adopt  and  ratify  the  Constitution  of  the  Confederate 
States  of  America. 

Be  it  ordained  by  the  peojile  of  Georgia  in  Convention  assembled, 
and  it  is  hereby  ordained  by  the  authority  of  the  same, 

That  the  Constitution  adopted  by  the  Congress  at  Mont- 
gomery, in  the  State  of  Alabama,  on  the  eleventh  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  for  the  "  permanent  federal  government  "  of 
the  Confederate  States  of  America,  be,  and  the  same  is 
hereby  adopted  and  ratified  by  the  State  of  Georgia,  "  act- 
ing in  its  sovereign  and  independent  character." 

GEO.  W.  CRAWFORD,  President. 

Attest  :  A.  R.  Lamar,  Secretary. 

Passed  16th  March,  1S61. 


RESOLUTIONS. 


Resolved,  That  the  Governor  be  requested  to  have  pub- 
lished in  such  newspapers  as  he  may  think  proper,  all  the 
Ordinances  of  this  Convention  as  they  pass,  that  immediate 
and  general  notice  may  be  given  of  the  same,  unless  other- 
wise directed  by  this  Convention. 

GEO.  W.  CRAWFORD,  President. 

Attest :  A.  R.  Lamar,  Secretary. 

Passed  January  25,  1861. 


Resolved,  That  the  Governor  be  authorized  to  purchase 
or  procure,  for  the  defense  of  the  seaboard  of  Georgia, 
three  propeller,  or  other  steamers,  of  light  draft,  to  be  armed 
and  manned  in  such  manner  as  their  tonnage  and  capacity 
may  require. 

GEO.  W.  CRAWFORD,  President, 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  January  25th,  1861. 


Resolved,  That  the  Governor  be  requested  to  contract 
with  the  Cuba  Telegraph  company  for  the  construction  of 
telegraph  lines  from  the  main  line  to  Darien  and  Bruns- 
wick, and  such  other  place  on  the  coast  as  may  be  expe- 
dient for  the  use  of  the  State. 

GEO.  W.  CRAWFORD,  President. 

Attest :  A.  R.  Lamar,  Secretary. 

Passed  January  25th,  1861. 


RESOLUTIONS. 


395 


Whereas,  The  present  attitude  of  the  State  of  Georgia 
requires  that  she  should  be  put  immediately  in  a  state  of  de- 
fence, and  that  military  preparation  demands  prompt  action 
and  sound  organization,  both  for  efficiency  and  economy. 

Be  it  Resolved,  That  the  Governor  be,  and  he  is  hereby 
empowered  to  employ  such  a  military  staff  as  may  be  neces- 
sary for  effecting  an  organization,  and  introducing  a  sound 
system  of  administrative  accountably. 

Be  it  further  Resolved,  That  these  appointments  shall  be 
temporary,  until  such  time  as  the  Southern  seceding  States 
shall  establish  a  government,  and  provide  a  military  estab- 
lishment for  their  common  defence,  and  that  the  officers  so 
appointed  shall  keep  their  offices  at  such  points,  and  be 
stationed  in  such  manner  as  the  Governor  and  Commander- 
in-Chief  may  direct. 

GEO.  W.  CRAWFORD,  President, 
Attest :  A.  R.  Lamar,  Secretary, 
Passed  January  25,  1861. 


Whereas,  The  Government  of  the  Confederate  States  has 
authorized  bonds  to  be  issued  running  from  five  to  ten  years, 
and  secured  by  an  export  duty  of  one-eighth  of  one  per  cent, 
per  pound,  upon  cotton,  for  the  purpose  of  meeting  the 
pecuniary  necessities  of  that  Government. 

And  whereas,  investment  in  such  securities  may  be  both 
convenient  and  safe,  for  Executors,  Administrators, 
Guardians  and  other  Trustees,  and  at  the  same  time  con- 
tribute to  the  sum  needed  by  the  Confederate  States.  There- 
fore 

Resolved,  That  the  Legislature  of  this  State,  be  and  it  i  s 
hereby  requested  at  its  next  session,  to  consider  the  pro- 
priety of  passing  a  law  authorizing  Executors,  Administra- 
tors, Guardians  and  other  Trustees,  to  invest  trust  funds  in 
their  hands,  in  the  bonds  of  the  Confederate  States,  upon 


SUb  RESOLUTIONS. 

the  same  terms  that  such  trustees  are  now  by  law  authoriz- 
ed to  invest  in  the  bonds  of  the  State  of  Georgia. 

GEO.  W.  CRAWFORD, 

¥  resident  of  the  Convention. 
Attest :  A.  R.  Lamar,  Secretary. 
Passed  18th  March,  1861. 


The  Committee  on  the  Constitution  and  Laws,  &c,  re- 
commend the  adoption  of  the  following  resolutions  : 

Resolved,  That  in  the  publication  of  the  Revised  Code  of 
the  Laws  of  this  State,  adopted  by  the  Legislature  at  its 
late  session,  the  "  United  States"  shall  be  stricken  out  and 
the  "  Confederate  States"  substituted,  wherever  the  same 
may  be  necessary. 

Resolved  further,  That  the  Constitution  of  the  Confede- 
rate States  shall  be  published  as  a  part  of  the  Code. 

GEO.  W.  CRAWFORD,  President. 
Attest :  A.  R.  Lamar,  Secretary. 
Adopted  March  18,  1861. 


Resolved  by  the  people  of  Georgia  in  Convention  assembled, 

That  the  Governor  of  this  State  is  hereby  authorized  to 
tender  to  the  Government  of  the  Confederate  States  of 
America,  under  the  provisions  of  an  act  of  Congress  "  to 
raise  provisional  forces  for  the  Confederate  States  of  Ame- 
rica, and  for  other  purposes,"  the  regular  forces  of  this 
State  provided  for  by  an  ordinance  of  this  Convention. 

Resolved  further,  That  the  President  of  the  Confederate 
States  be  requested  to  receive  into  the  service,  under  the 
act  aforesaid,  all  the  men  now  enlisted  with  the  officers 
necessary  to  command  them,  by  companies  or  battalions, 
and  the  remainder  of  the  force  as  they  may  be  received 
with  their  officers,  until  each  of  the  two  regiments  now 
being  raised  is  completed,  when  the  whole  force  with  their 


EE  SOLUTIONS. 


officers  shall  form  as  regiments,  a  part  of  the  said  provis- 
ional army  for  the  term  of  the  enlistment  of  the  war. 

Resolved  further,  That  the  Governor  be  authorized  to  con- 
tinue the  recruiting  service  by  the  officers  now  required  for 
the  command  of  the  troops  proposed,  until  the  regiments 
are  completed,  provided  that  a  longer  time  than  four 
months  from  this  date  be  not  allowed  for  this  purpose,  and 
provided  further  that  the  Governor  be  authorized  to  disband 
the  said  regiments,  if  not  transferred  to  the  government  of 
the  Confederate  States. 

GEO.  W.  CRAWFORD,  President. 
Attest  :  A.  R.  Lamae,  Secretary. 
Adopted  23d  March,  1861. 


Resolved,  That  the  delegates  of  this  State,  to  the  Conven- 
tion at  Montgomery,  be  authorized  to  consent  to  the  con- 
tinuation of  the  Provisional  Government,  until  the  22d  day 
of  February,  1S62,  with  a  view  to  the  inauguration  of  the 
Permanent  Government  on  that  day. 

Resolved,  That  any  vacancy  which  may  occur  in  the  said 
delegation  by  death,  resignation  or  otherwise,  maybe  filled 
by  the  appoint  nmt  of  the  remaining  delegates. 

GEO.  W.  CRAWFORD, 

President  of  the  Convention. 

Attest:  A.  R.  Lamae,  Secretary. 
Passed  23d  March,  1861. 


I 


I 


INDEX 


ADDRESS, 

Setting  forth  the  causes  why  Georgia  dissolved 

her  connection  with  the  U.  S.,  104 

Resolution   relative   to  the  distribution  of  the 

printed,  132 

Of  the  President  of  the  Convention,  302 

Of  Samuel  Hall,  Esq.,  Commissioner.  &c,  before 

Legislature  of  N.  C.  (in  appendix,)  34S 

ADJOURNMENT, 

Resolution  that  when  Convention  adjourns,  it  ad- 
journ to  meet  in  Savannah,  67,  89,  IIS,  120 
Convention  adjourned  subject  to  the  call  of  the 

President,  125 
Resolution  relative  to,  206,  219 

Adjournment  sine  die,  303 

AFRICAN  SLAVE  TRADE, 

Ordinance  relative  to,  -53,  59,  89,  375 

ARMS, 

Resolutions  relative  to  establishing  an  Armory,    89,  100 

Resolutions  relative  to  the  unlawful  seizure  of, 

property  of  Georgia,  103 

Governor  to  furnish  side  arms  to  officers  of  Mili- 
tary Companies,  151,  199 

Ordinance  to  transfer  certain  arms,  &c,  to  the 

Confederate  States,  219,  223,  387 

Ordinance   to   encourage   the   manufacture  of 

cannon  in  this  State,  233 

ARMY  AND  NAVY, 

Ordinance  relative  to  the,  of  the  U.  S.,    44,  48,  126 

128,  379 

Ordinance  relative  to  two  regular  regiments  of 

infantry,  275  390 

Resolution  relative  to  a  Military  organization  for 

the  defence  of  the  State,  129 

Resolution  relative  to  turning  over  regular  troops 
to  Confederate  States,  192,  276  396 


400 


INDEX. 


ARMY  AND  NAVY —  Continued. 

Communication  from  Thomas  M.  Newell,  Capt. 

U.  S.  Navy,  220 

Resolution  relative  to  officers  of  the  Navy  on  the 

retired  list,  222,  283 

Communication  from   Governor  relative  to  two 

regiments  of  regular  troops,  226 

Ordinance  to  transfer   Forts,   Arsenals,  Navy 

Yards,  &c,  to  the  Confederate  States,  387 

Ordinance  to  transfer  certain  arms  and  munitions 

of  war  to  the  Confederate  States,  387 
APPENDIX. 

Letter  of  Jas.  L.  Orr,  Com'r  from  S.  C.  to  Presdt. 

of  the  Convention  of  Ga.,  305 

Commission  of  Jas.  L.  Orr,  as  Commissioner  from 

S.  C,  306 

Ordinance  of  Secession  of  S.  C,  307 

Letter  of  John  Gill  Shorter,  Commissioner  from 

Ala,  to  President  Ga.  Convention,  307 

Commission  of  John  Gill  Shorter  as  Comm'r,  308 

Resolution  of  instruction  to  said  Commr.,  309 

Ordinance  of  Secession  of  Ala.,  310 

Letter  from  the  Governor  of  Mississippi  to  the 

Gov.ofGa.,  311 

Resolution  of  the  Convention  of  Mississippi,  312 

Convention  bill,  "  "  312 

Resolutions  of  the  State  of  Mississippi  declaring 
secession  to  be  the  proper  remedy  of  the  South- 
ern States,  314 

Ordinance  of  secession  of  Mississippi,  317 

Resolution  providing  for  the  appointment  of  Com- 
missioners, 318 

Ordinance  of  Secession  of  Louisiana,  319 

Resolution  relative  to  the  free  navigation  of  the 

Mississippi  river,  320 

Ordinance  to  provide  for  the  appointment  of  dele- 
gates to  a  Convention  to  form  a  Southern  Con- 
.  federacy,  320 

Report  of  D.  C.  Campbell,  Esq.,  Commissioner 

from  Ga.  to  Deleware,  322 

Copy  of  communication  addressed  to  the  Gov.  of 

Deleware  by  D.  C.  Campbell,  Comm'r,  &c,  324 

Report  of  Gen.  J.  W.  A.  Sanford,  Comm'r  from 

Ga.  to  Texas,  326 

Report  of  A.  R.  Wright,  Esq.,    Comm'r  from 

Ga.  to  Maryland,  328 

Letter  of  A.  R.  Wright,  Esq.,  to  Gov.  of  Mary- 
land, 332 


INDEX. 


mi 


APPENDIX. — Continued. 

Report  of  Sam'l  Hall,  Esq.,  Comm'r  from  Ga.  to  N.  C,  343 
Address  of  Sam'l  Hall,  Esq.,  before  Legislature  ot 

N.  C,  348- 
Report  of  Dr.  W.  C.  Daniell,  Commissioner  from 

Ga,  to  Kentucky,  365 
Report  of  W.  J.  Vason,  Esq.,  Comm'r  from  Ga. 

to  Louisiana,  366- 
Report  of  H.  P.  Bell,  Esq.,  Commissioner  from 

Ga.  to  Tennessee,  36S 
Letter  of  Hon.  Howell  Cobb,  President,  &c.,  371 
Ordinances  as  passed  by  the  Convention  and  signed 

by  the  President,  373 
Resolutions  passed  by  the  Convention  and  signed 

bv  the  President,  394 
APPROPRIATIONS, 

Ordinance  to  appropriate  money  for  the  Confeder- 
al States,  150,  f99* 
Ordinance  to  authorize  the  Governor  to  raise  and 

expend  money  for  the  defence  of  this  State,  192 
BANK  SUSPENSIONS, 

Ordinance  to  modify  act  of  1S59,  relative  to,  210,  25-3 
BILL  OF  RIGHTS,  96,  139,  195,  27L 

CITIZENSHIP, 

Ordinance  relative  to,  51,  72,  88,  186,  196,  379,. 

"       in  addition  to  previous  ordinance  of  the 
Convention  relative  to,  386, 
CODE  OF  GEORGIA, 

See  k<  Revised  Code  of  Laws,"  in  index. 
COMMERCIAL  FACILITIES, 

An  Ordinance  relative  to,  in  Ga.  83,  91  to  96,  100,  383. 
COMMISSIONERS, 

From  S.  C.  &  Ala.,  addressed  the  Convention,  14 
To  Louisiana,  54 
To  Texas,  54,  326 

Resolution  relative  to  sending,  to  slave-holding 

States,  59,  63,  68,  77 

Hon.  T.  W.  White,  Commissioner  from  Mississippi,  66 
Reception  of  Hon.  T.  W.  White,  Commissioner 

from  Mississippi,  90 
For  Virginia,  90 
'   Maryland,  90,  32S 

'   Kentucky,  90,  118 

4  Tennessee,  90 
'  Missouri,  90 
1  Arkansas,  90 
26 


402 


INDEX. 


COMMISSIONERS — Continued. 

For  Delaware,  90,  322 

"   North  Carolina,  90,  343 

Resolutions  relative  to  the  pay  of,  sent  to  Slave- 
holding  States,  118,  124 

Communication  from  Dr.  W.  C.  Daniell,  Commis- 
sioner to  Kentucky,  135,  365 

Communication   from    Gen,  J.  W.  A.  Sanford, 

Commissioner  to  Texas,  140,  326 

Communication  from  Hon.  A.  R.  Wright,  Com- 
missioner to  Maryland,  205,  328 

Communication  from  H.  P.  Bell,  Esq.,  Commis- 
sioner to  Tennessee,  283,  368 

Communication  from  L.  J.  Glenn,  Esq.,  Commis- 
sioner to  Missouri,  302 

Documents  accompanying  Commissioner  from  S. 

C.  (in  appendix,)  305 

Documents    accompanying    Commissioner  from 

Alabama,  (in  appendix,)  307 

Documents    accompanying  Commissioner  from 

Mississippi,  (in  appendix,)  311 

Documents    accompanying    Commissioner  from 

Louisiana,  (in  appendix,)  319 

Report  of  D.  C.  Campbell,  Esq.,  Commissioner 

from  Ga.  to  Delaware,  (in  appendix,)  322 

Report  of  Gen.  J.  W.  A.  Sanford,  Commissioner 

from  Ga.  to  Texas,  (in  appendix,)  326 

Report  of  A.  R.  Wright,  Esq.,  Commissioner  from 

Ga.  to  Maryland,  (in  appendix,)  328 

Heport  of  Samuel  Hall,  Esq.,  Commissioner  from 

Ga.  to  North  Carolina,  (in  appendix,)  343 

"Report  of  Dr.  W.  C.  Daniell,  Commissioner  from 

Ga.  to  Kentucky,  (in  appendix,)  365 

Report  of  W.  J.  Vason,  Commissioner  from  Ga. 

to  Louisiana,  (in  appendix,)  366 

Report  of  H.  P.  Bell,  Commissioner  from  Ga.  to 

Tennessee,  (in  appendix,)  368. 
COMMITTEES. 

To  wait  on  President,  7 
"  report  rules  for  Convention,  8 

Report  of  said  committee,  10 

To  secure  services  of  clergymen  to  open  Conven- 
tion with  prayer,  8 

To  wait  on  Commissioners  from  S.  C.  and  Ala.,  S 

Report  of  said  committee,  9 

Committee  of  Seventeen  to  report  ordinance  of 

Secession,  23 

Report  of  said  committee,  31 


INDEX. 


403 


COMMITTEES— Gmtmued. 

To  wait  on  Governor,  39 
"  prepare  ordinance  of  Secession  for  signature 

of  Delegates,  39 
Report  of  said  committee,  465  74 
On  the  Relations  with  the  Slaveholding  States  of 

North  America,  47,  88 

On  Foreign  Relations,  4S 

"  Commercial  and  Postal  Arrangements,  48 

"  Military  Affairs,  48 
"  the  Constitution  of  the  State  and  Constitution 

and  Laws  of  the  United  States,  49 
"  Printing,  54 
Report  of  said  committee,  276 
On  Enrollment,  54 
Report  of  said  committee  relative  to  Maj.  Wil- 
liams, 284 
On  Accounts,  54 
To  report  Ordinance  to  reduce  General  Assembly,  55 
Report  of  said  committee,                               79,  143 
Mr.  Cochran  of  Wilkinson  added  to  the  Commit- 
tee on  Foreign  Relations,  62 
To  examine  Great  Seal  of  the  State  of  Ga.,  63 
u  wait  on  Hon.  T.  W.  White,  Comm'r  from  Miss.,  76 
Report  of  said  committee,  76 
On  Elections,  75 
Report  of  said  committee  on  protest  from  Wayne  Co.,  78 
Mr.  Brown  of  Marion  placed  upon  the  Com.  on  Acc'ts,  99 
To  examine  into  the  condition  of  the  defences  of 

■Savannah,  129 

Report  of  said  committee,  230 
Report  of  Committee  on  Military  Affairs,  relative 

to  Maj.  Myers,  141 
On  resolution  of  thanks  to  R.  R.  Cuyler,  &c,  142 
"       "         relative  to  School  Books,  143 
To  apportion  Senatorial  Districts,  ISO 
On  Constitution  of  Confederate  States,  183 
On  the  Printing  and  Binding  of  Journal,  183 
On  Congressional  Districts,                            204,  21S 
Report  of  said  committee,  273 
Leave  of  absence  granted  to  Committee  on  Con- 
stitution and  Laws,  206 
To  revise  and  collate  amendments  to  the  Consti- 
tution of  this  State,  218 
Report  of  said  committee,  284 
Resolution  of  thanks  to  the  Committee  on  the 

"  Constitution  and  Laws,"  &c,  284. 


404  INDEX. 

COMMUNICATIONS. 

From  South  Carolina  and  Alabama,  9 
"    the  Mayor  of  Atlanta,  9 
"    his  Excellency  Gov.  Brown  (enclosing  reso- 
lutions, &c,  from  New  York),  24 

From  Postmaster  at  Savannah,  51 
44    the  State  of  Mississippi,  66,  311 

44  the  Legislature  of  the  State  of  Tennessee,  67 
"  Dr.  T.  S.  Hopkins,  of  Wayne  county,  75 
"  Hon.  Thos.  Y.  Simons,  of  the  S.  C.  Convention,  119 
44  Gov.  of  New  York,  135 
44  Govs,  of  Maryland  and  Alabama,  135 
"  Dr.  W.  C.  Daniell,  Com'r  to  Kentucky,  135,  365 
44  certain  members  to  the  Congress,  140 
44  Gen.  J.  W.  A.  Sanford,  Com'r  to  Texas,  140,  326 
s4  Hon.  Chas.  C.  Jones,  Mayor  of  Savannah,  149 
44  Col.  A.  R.Lawton,  149 
44  his  Excellency  the  Governor,  160 
44    Hon.  Howell  Cobb,  President  of  the  Congress,  161 

Constitution  of  the  Confederate  States,  161 

From  Wm.  J.  Vason,  Esq.,  Commissioner  to  Lou- 
isiana, 180,  366 

From  Samuel  Hall,  Esq.,  Commissioner  to  North 

Carolina,  180,  343 

From  A.  R.  Wright,  Esq.,  Commissioner  to  Mary- 
land, 180,  205- 

From  Thos.  M.  Newell,  Capt.  U.  S.  Navy,  220 
44    Gov.  Brown  relative  to  two  regiments  of 
regular  troops  in  Ga.,  226 

From  H.  P.  Bell,  Esq.,  Com'r  to  Tennessee,      283,  368 
44    L.  J.  Glenn,  Esq.,      44       Missouri,  302 

Letter,  &c,  of  J  as.  L.  Orr,  Commissioner  from 

South  Carolina,  (in  appendix)  305 

Letter,  Commission,  &c,  of  John  Gill  Shorter, 

Comm'rfrom  Ala.,  (in  appendix)  307 

Letter  from  the  Gov,  of  Mississippi,  and  other  doc- 
uments from  that  State,  (in  appendix)  311 

Documents  accompanying  Com'r  from  Louisiana, 

(in  appendix)  319 

Report  of  D.  C.  Campbell,  Com'r  to  Delaware,  322 
44  Gen.  J.  W.  A.  Sanford,  44       Texas,  326 
44       "A.R.Wright,  44       Maryland,  328 

"       44  Samuel  Hall,  44       N.  Carolina,  343 

"  44  Dr.  W.  C.  Daniell,  44  Kentucky,  365 
"       44  W.  J.  Vason,  44       Louisiana,  366 

"       44  H.  P.  Bell,  44       Tennessee,  368 

Letter  of  Hon.  Howell  Cobb,  President,  &c,  371 


INDEX.  40-5 

CONFEDERATE  STATES, 

Ordinance  to  transfer  Forts,  Arsenals,  &c,  to  3S7 
Ordinance  to  transfer  certain  arms  and  munitions 

of  war  to,  3S7 
Ordinance  to  adopt  and  ratify  the  Constitution  of 

the,  1S7  to  191,  393 

Constitution  of,  to  be  published  in  "Revised  Code 

of  Laws."  396 
Regular  forces  of  Georgia  tendered  to.  39G 
Delegates  from  this  State  to  consent  to  the  con- 
tinuation of  the  Provisional   Government  till 
22nd  February,  1862,  397 
CONGRESS, 

Resolution  to  elect  delegates  to,  5-5 
Slave-holding  States  invited  to  send  delegates  to 

said,  56 
Delegates  to,  elected,  64 
Oar  late  Senators  and  Representatives  in  U.  S.  in- 
vited to  seats  on  floor,  74 
Resolutions  relative  to  delegates  to  the,  IIS,  124,  2S2,  397 

CONGRESSIONAL  DISTRICTS, 

Res'n.  to  appoint  a  committee  to  arrange  ten,  180,  19$ 

An  Ordinance  to  organize,  198,  392 

Committee  on,  204,  21S 

Report  of  said  committee,  273 

CONSTITUTION, 

Committee  on,  49 
To  amend  the  5th  sec.  4th  art.  of  the,  56 
"      "        «    1st    "   3rd   "    "    u  116,  138 

"   alter     ie   3rd  and  7th  sees.  1st  art.  of  the,  132 
"    3rd,  4th,  7th,  and  Sth  sees.  1st  art.,       132,  144 
Resolutions  relative  to  forming  Government  on 

the  basis  of  the  Constitution  of  the  late  U.  S.,  91 
Substitute  for  the  3rd  and  7th  sees.  ]  start,  of,  136 
Of  Confederate  States,  161,  1S2 

Resolution  referring  Constitution  of  Confederate 

States  to  a  committee  of  seven,  182 
Resolution  relative  to  the  ratification  of  same,  191 
Committee  to  revise  Constitution  of  the  State  of 

Georgia,  187 
Report  of  said  committee,  234 
Ordinance  to  ftgbpt  and  ratify  the  Constitution  of 

the  Confederate  States,    '  1S7  to  191,  393 

Resolution  relative  to  signing  same,  199 
An  Ordinance  to  alter  3rd  and  12th  sees.  1st  art. 

.  and  1st  sec.  2nd  art.  200 
Of  the  State  of  Georgia,  234 


406  INDEX. 

CONSTITUTION — Continued. 

Amendments  to  same,  249  to  272 

Resolution  to  print  10,000  copies  of  the  Consti- 
tution of  the  Confederate  States,  and  the  State 
of  Georgia,  273 
Committee  to  revise  and  collate  amendments  to 

the  Constitution  of  this  State,  281 
The  revised  Constitution  of  the  State  of  Ga.,  285 
To  submit  the  Constitution  to  the  people,         270,  301 
Of  Confederate  States  to  be  published  in  the  "Re- 
vised Code  of  Georgia,"  396 

COURTS, 

Ordinance  relative  to,  52,  77,  374 

Ordinance  to  abolish  the  Circuit  and  District,  of 

the  U.  S.,  69,  84,  90,  114,  385 

Resolution  relative  to  parties  engaged  in  the  mili- 
tary service  of  the  State  who  have  cases  in 
Court,  181,  191 

Ordinance  relative  to  Acts,  Records,  and  Judicial 

proceedings,  41,  50 

DEFENCE, 

Ordinance  to  provide  for  the  public,  127,  128,  376 

Ordinance  to  organize  a  mounted  Military  Police,  64,  99 

Governor  to  pay  Volunteer  Companies  employed 

for  the  defence  of  the  State,  *  281,  390 

Resolution  to  purchase  small  armed  steamers  to 

ply  along  the  coast,  50,  127,  128,  394 

Resolution  relative  to  a  military  organization  for 

defence  of  the  State.  129,  395 

Resolution  requesting  information  from  the  Gov. 

relative  to  defences  of  State,  136 

Committee  to  examine  into  the  defences  of  Sa- 
vannah, 137,  225 

Report  of  said  committee,  230 

DELEGATES, 

Names  of  enrolled,  3  to  7 

Mileage  and  per  diem  of,  61,  75,  154,  183,  196,  206,  207 
Resolution  relative  to  pay  of,  sent  to  Montgom- 
ery, 118,  124 
Resolution  that  an  election  be  held  for  a  delegate 

from  DeKalb,  124 
Name  of  P.  F.  Hoyal,  delegate  from  DeKalb,  en- 
rolled, 131 
Resolution  relative  to  compensation  of  delegate 

from  Rabun,  214 
Free  passage  on  Ga.  R.  R.,  223 
Resolution  relative  to  delegates  to  the  Congress,  282,  397 


INDEX. 


407 


DIRECT  TRADE, 

Resolution  relative  to,  139 

DISTRICTS, 

Resolution  to  appoint  a  committee  to  arrange  ten 

Congressional,                                             ISO,  19S 

Committee  to  apportion  Senatorial,  ISO 
An  Ordinance  to  organize  Congressional,  for  this 

State,                                                        198,  392 

Committee  on  Congressional,                           204,  218 

Report  of  committee  on  Senatorial,  211 

"      k'       "          "    Congressional,  273 

Ordinance  to  organize  Senatorial,  388 
ELECTIONS, 

Ex.  Gov.  Geo.  W.  Crawford  chosen  President,  7 

A.  R.  Lamar,  Esq.,  elected  Secretary,  S 

Jesse  Oslin,  Messenger,  S 

Wm.  Atkinson,  Door  keeper,  S 

Printers  for  the  Convention,  14 

W.  J.  Vason,  Commissioner  to  Louisiana,  54 

J.  W.  A.  Sanford,  Comm'r  to  Texas,  54 

Delegates  to  Congress,  64 

Committee  on  Elections,  75 

Report  of  Committee  on  protest  from  Wayne  Co.  7S 

Commissioners  to  several  designated  States,  90 
Resolution  that  Governor  order  an  election  held 

for  delegates  in  DeKalb,                    .  124 

Gov.  to  order  election  required  by  Constitution,  301 
An  Ordinance  to  alter  and  fix  the  time  of  electing 

Governor  and  members  of  the  GenT  Assem'y,  2  SO,  391 
Resolution  approving  the  election  of  Hon.  Jeff. 

Davis  and  Hon.  A.  H.  Stephens,  134 

FORTS,  ARSENALS,  &c, 

An  Ordinance  to  resume  jurisdiction  over  places 

heretofore  ceded  to  the  United  States,  60,  76,  37S 
Resolution  approving  of  the  course  of  Gov.  Brown, 

in  taking  possession  of  Fort  Pulaski,  26 
Resolution  relative  to  the  slaves  employed  at  Fort 

Pulaski,  US 
Resolution  relative  to  visiting  Fort  Pulaski,  149 
An  Ordinance  to  transfer  Forts,  Arsenals,  etc.,  to 

Confederate  States,  149,  154,  220,  222,  3S7 

FUNDIMENTAL  PRINCIPLES, 

An  enunciation  of  193 
GENERAL  ASSEMBLY, 

Ordinance  to  alter  and  fix  the  times  of  electing 

members  of,  and  Governor,  2S0,  381 

See  "  Reduction  of  General  Assembly,"  in  index. 


408 


INDEX. 


GOVERNOR, 

Message  from,  enclosing  resolutions  from  New 

York,  24 
Message  from,  relative  to  two  regiments  of  regular 

troops  in  Ga.,  226 
Ordinance  relative  to  changing  times  of  electing, 
and  members  of  the  General  Assembly,  280,  391 

Resolutions  approving  of  the   course  of  Gov. 

Brown  in  taking  possession  of  Fort  Pulaski,  2G 
INTER-STATE  SLAVE  TRADE, 

Ordinance  relative  to,  59,  63,  89,  377 

JOURNAL  OF  THE  CONVENTION, 

Report  of  Committee  on,  278 
MEMBERS  OF  CONVENTION, 

Names  of  enrolled,  3  to  7 

Mileage  and  per  diem  of,  61,  75,  154,  183,  196,  206,  207 
Resolution  that  no  member  be  allowed  to  speak 

longer  than  ten  minutes,  249 
MILEAGE  AND  PER  DIEM, 

Of  members  of  the  Convention,  61,  75,  154,  183,  196 

206,  207 

Resolution  relative  to  per  diem  of  members  of 

the  Legislature,  197 
Resolution  relative  to  delegate  from  Rabun,  214 
Of  the  President,  279 
MILITARY. 
Resolution  approving  course  of  Gov.  Brown  in 

taking  possession  of  Fort  Pulaski,  26 
Resolution  relative  to  small  armed  steamers  to  ply 

along  the  coast,  50,  127,  128 

Hesolution  relative  to  establishing  an  Armory,  89,  100 
Committee  on  Military  affairs,  48 
Ordinance  relative  to  officers  of  the  Army  and 

Navy  of  the  late  U.  S.  from  Ga.,        44,  48,  126,  378 
Ordinance  to  organize  mounted  Military  Police,    64,  99 
"       "  provide  for  the  public  defence,  127,  128, 

192, 376 

Resolution  relative  to  a  military  organization,  129 
Helative  to  Maj.  Myers,  141 
Resolution  to  turn  over  regular  troops  to  Confed- 
erate States,  &c,  192,  396 
Resolution  relative  to  arming  volunteer  companies,  192 
Committee  to  examine  into  the  defences  of  Savannah,  137 
Report  of  said  Committee,  230 
Gov.  to  furnish  side  arms  to  officers  of  Military 

Companies,  151 
An  Ordinance  to  transfer  to  Confederate  States 

certain  arms  and  munitions  of  war,  219,  3S7 


INDEX. 


409 


MILITARY. — Continued. 

An  Ordinance  relative  to  Forts,  Arsenals,  &c,  220,  387 
Memorial  from  Thos.  M.  Newell,  Capt.  U.  S.  Navy,  220 
Resolution  relative  to  officers  of  the  Navy  on  the 

retired  list,  222 
Communication  from  Gov.  Brown  relative  to,  226  to  230 
Ordinance  to  encourage  the  manufacture  of  can- 

non  in  this  State,  233 
Resolution  relative  to  Volunteer  Cos.  of  Savannah,  275 
Ordinance  relative  to  two  regiments  of  infantry,  275,  390 
Gov.  to  tender  regular  troops  to  Confederate 

States,  &c,  192,  276 

Thanks  to  Volunteer  Companies  who  tendered 

their  services,  to  Governor,  279 
Volunteer  Companies  to  be  paid  for  services,    281,  390 
MILITIA, 

An  Ordinance  concerning  officers  of  the  118 
MIXING  AND  MANUFACTURING, 

An  Ordinance  relative  to,  117,  386 

NATIONAL  CAPITAL, 

Resolutions  relative  to  the,  132,  181,  213 

OATHS, 

An  Ordinance  relative  to,  hereafter  required  of 

Officers  and  Attorneys  at  Law,  71,  37 S 

To  become  a  citizen  of  Georgia,  (Ordinance  con- 
cerning Citizenship,)  3S1 

Of  Abjuration,  381 

ORDINANCES. 

Committee  of  17  to  report  Ordinance  of  Secession,  23 
Substitute  for  Mr.  Nisbet's  resolutions,  15  to  20 

Ordinance  of  Secession,  31 
"        "       "       to    be    engrosssed  upon 

Parchment,  39 
Signing  of  same,  46 
Relative  to  the  African  Slave  Trade,  53,  59,  S9 

Relative  to  citizens  of  Ga.  who  hold  office  in  the 

Army  and  Navy  of  the  U.  S.  44,  48,  126,  128 

Relative  to  Citizenship,  51,  72,  SS,  186,  196 

*  Courts,  52,  77 

To  amend  Constitution  of  Ga.  56,  57,  116,  132 

Acts,  Records  and  Judicial  proceedings,  41,  59 

To  adopt  the  Laws  of  the  late  U.  States,  57,  70,  88 
Inter-State  Slave  Trade,  59,  63,  S9 

To  resume    jurisdiction  over  places  heretofore 

ceeded  to  the  U.  S.  60,  76 

To  make  Provisional  Postal  Arrangements  in  Ga.  62,  76 
To  organize  Mounted  Military  Police,  64,  99 


410 


INDEX. 


ORDINANCES. — Continued. 

To  abolish  the  Circuit  and  District  Courts  of 

the  U.  S.  59,  84,  90,  114 

To  define  and  declare  what  is  Treason  and  Mispri- 
sion of  Treason  in  Georgia,  70,  88,  382 

In  relation  to  oaths  hereafter  required  of  public 

Officers  and  Attorneys  at  Law,  71 

Relative  to  Commercial  facilities  in  Ga.  S3,  91  to  9b,  100 

To  amend  1st  sec.  3d  art.  of  the  Constitution,    116,  138 

Relative  to  Mining  and  Manufacturing,  117 

Concerning  officers  of  the  Militia,  1 18 

To  provide  for  the  Public  Defence,  127,  128 

To  alter  the  3d  and  7th  see's.  1st  art.  of  the  Con- 
stitution, 132,  136 

To  alter  3d,  4th,  7th,  and  8th  sec.  1st  art.  of  the 

Constitution,  144 

In  relation  to  citizens  of  Ga.  holding  office  under 

United  States,  136,  196 

To  transfer  the  Forts,  Arsenals,  &c,  to  the  Gov- 
ernment of  the  Confederate  States,  149,  154, 

To  appropriate  money  for  the  use  of  the  Confede- 
rate States,  150,  199 

To  adopt  and  ratify  Constitution  of  Confederate 

States,  187,  196 

To  authorize  the  Gov.  to  raise  and  expend  money 

for  this  State,  192 

To  organize  Congressional  Districts  for  the  State 

of  Georgia,  198,  273 

To  alter  the  3d  and  12th  see's.  1st  art.,  and  1st  sec. 

2d  art.  of  the  Constitution,  200 

To  modify  act  of  1859,  relative  to  Bank  Suspen- 
sions, 210,  283 

Relative  to  Senatorial  Districts,  211 

To  perfect  the  organization  of  the  Senate  of  Ga.  214 

To   transfer   certain   arms    &c.  to  Confederate 

States,  219,  223 

Relative  to  Forts,  Arsenals,  &c,  220,  222 

To  encourage  the  manufacture  of  cannon  in  this 

State,  233 

Relative  to  two  regular  regiments  of  Infantry,  275 

To  alter  and  fix  time  of  electing  Gov.  and  Mem- 
bers of  the  General  Assembly,  280 

Gov.  to  pay  Volunteer  Companies  employed  for 

defence  of  the  State,  281 

To  define  the  extent  of  duration  of  the  Ordinances 

passed  by  Convention,  282 

Ordinances  passed  by  the  Convention  and  signed 

bv  the  President,  373 


INDEX. 


411 


46 


ORGANIZATION. 

Hon.  H.  L.  Banning  called  to  the  Chair, 

Arthur  Hood.  Esq.,  appointed  Secretary, 

Names  of  Delegates  enrolled, 

Prayer  by  Rev.  Mr.  Williamson, 

Ex-G-ov.  Geo.  W.  Crawford  chosen  President, 

Committee  to  wait  on  President. 

A.  R.  Lamar  elected  Secretary. 

Jesse  Oslin  appointed  Messenger, 

Wm.  Adkins      "       Door  Keeper, 

Jno.  H.  Steele  "       Assistant  Secretary, 
PATENT  RIGHTS. 

Resolutions  relative  to.  for  inventors, 
POSTAL  ARRANGEMENTS, 

Committee  on. 

Resolution  relative  to  Mail  Carriers, 

An  Ordinance  to  make  provisional  Postal  Arrange- 
ments, 62,  76, 

Resolution  relative  to  Post  Masters, 
PRINTERS, 

For  the  Convention  elected, 
PRINTING, 

Communications  from  S.  Carolina  and  Ala., 

Rules  of  the  Convention, 

Ordinance  relative  to  African  Slave  Trade, 

Ordinance  to  resume  jurisdiction  over  places  here- 
fore  ceded  to  the  U.  S., 

Ordinance  to  make  provisional  Postal  Arrange- 
ments in  Ga., 

Resolution  relative  to  Direct  Trade, 

Certain  ordinances  ordered  printed, 

Report  of  Com.  on  reduction  of  General  Assem- 
bly, 52 

Resolution  to  print  25,000  copies  of  Ordinance  of 
Secession.  61 

Ordinance  relative  to  commercial  facilities  in  Ga., 

Bill  of  Rights, 

Report  of  Committee  of  Seventeen, 
Constitution  of  the  Confederate  States, 
Committee  on  the  printing  and  binding  of  Journal, 
Constitution  of  Georgia, 

10,000  copies  of  the  Constitution  of  the  Confede- 
rate States  and  of  the  State  of  Ga., 
Report  of  Committee  on  Printing, 
Resolution  relative  to  printing  Journals,  &c, 
Resolution  that  the  Treasurer  pay  the  printing 
and  other  contingent  expenses, 


3 
3 

to  7 
7 
7 
7 
S 
S 
8 
13. 

76. 

45 
,  50 

377 
40. 

14. 

9 
13 
53 

60 

62 
6S 
73 


2,  134 


,  S3 
S3 
96 
113 
155 
1S3 
206 

273 
276 
27S 

252 


412 


INDEX. 


PROTEST 

of  Mr.  Simmons,  of  Gwinnett,  and  others,  51 
From  Wayne  Co.,  relative  to  seat  of  Mr.  Cannon 

in  Convention,  75,  78. 

RECESS, 

Convention  to  meet  at  the  call  of  the  President,  125 

"        met  at  Savannah,  131 

REDUCTION  OF  GENERAL  ASSEMBLY, 

Committee  appointed  to  report  Ordinance  relative  to,  55 

Report  of  said  committee,  79 

Ordinance  relative  to                                      79,  132 

Minority  report  on,  81 

Report  of  committee  on,                      143  to  148,  150 

Resolutions  relative  to,                                  151,  160 

Amendments  to  ordinance  relative  to,  150,  152,  156 
Resolution  to  lay  on  the  table  all  matter  relative 

to  House  of  Representatives,                       160,  201 

Ordinance  to  organize  Senatorial  Districts,       211,  388. 

REPRISALS, 

Resolutions  relative  to,  103 

Report  of  committee  on  resolution  relative  to,  280 
REPORTERS, 

Resolutions  relative  to,  13,  27,  135 
RESOLUTIONS. 

Relative  to  Commissioners  from  S.  C.  and  Ala.,  8 

To  suppress  applause,  &c,  8 
Relative  to  Reporters  and  other  representatives  of 

Southern  press,                                      13,  27,  135 
That  the  Secretary  appoint  an  assistant  Secre- 
tary, &c,  13 
Gov.  Brown  and  Ex-Go  v.  Cobb  tendered  seats  on 

the  floor,  13 
Same  privileges  extended  to  Judges  of  Supreme 

Court,  &c,  14 
Relative  to  Printers  to  Convention,  14 
Calling  on  Governor  for  information,  14,  26 
Declaring  the  right  and  duty  of  Ga.  to  secede,  15 
That  a  committee  be  appointed  to  report  Ordi- 
nance of  Secession,  1 5 
Mr.  Johnson's  (of  Jefferson,)  substitute,  16  to  2  0 
Approving  course  of  Gov.  Brown  in  taking  pos- 
session of  Fort  Pulaski,  26 
To  appoint  standing  committees,  26 
That  the  Ordinance  of  Secession  be  engrossed  on 

parchment,  &c,  39 

Relative  to  Collectors  of  Customers  &  Postmasters,  40 
Relative  to  Reconstruction,  40,  50 
Relative  to  Ga's.  part  of  the  public  property,  &c,  43,  62 


INDEX. 


413 


RESOLUTIONS. — Continued. 

President  of  Senate,  and  Speaker  of  House  in- 
vited to  seats  on  the  floor,  44 
Kelative  to  signing  Ordinance  of  Secession,  45 
Relative  to  reduction  of  Gen.  Assembly,  45,  50,  151, 160 
Relative  to  Commissioners  to  Louisiana  and  Texas,  46 
Slaveholding  States  to  appoint  Commissioners  to 

Congress  at  Montgomery,  46,  50,  56 

Relative  to  submitting  Ordinance  of  Secession  to 

the  people,  46 
Relative  to  Mail  Carriers,  46,  50 

Certified   copy  of  Ordinance  of  Secession  to  be 

sent  to  Governor  of  each  State,  &c,  47 
Relative  to  small  armed  steamers  to  ply  along  the 

coast,  50,  127,  128 

Relative  to  a  Council  of  Safety,  52,  78 

To  appoint  committees  on  Printing,  Enrolling, 

and  Accounts,  54 
To  elect  delegates  to  Congress,  55 
Relative  to  sending  Commissioners  to  slavehold- 
ing States,  59,  63,  68,  77 
To  print  25,000  copies  of  Ordinance  of  Secession,  61,  S2 
Relative  to  mileage  and  per  diem  of  delegates,  61,  75, 154 

1S3,  207 

To  appoint  committee  to  examine  Great  Seal  of 

State  of  Georgia,  63 
That  the  papers  accompanying  the  Commr's.  from 
Miss.  Ala.  &  S.  C.  be  printed  in  appendix  to 
Journal  of  Convention,  67 
Relative  to  Commr's.  from  Mississippi,  67 
That  no  State  which  does  not  tolerate  slavery 

ought  to  be  admitted  into  the  new  Confederacy,  68 
Relative  to  Direct  Trade,  68,  139 

Relative  to  photograph  of  Ordinance  of  Secession,  74 
Our  late  Senators  and  Representatives  invited  to 

seats  on  the  floor,  74 
Relative  to  Maj.  H.  J.  G.  Williams,  74 
Ordinances  to  be  published  in  newspapers,  75 
Relative  to  Patent  Rights  for  inventors,  76 
"       "  establishing  an  Armory,  80,  100 

"       "  a  provisional  and  permanent  Govmn't,  91 
"       "  the  unlawful   seizure  of  arms,  &c, 
property  of  Georgia,  103 
Relative  to  Pension  Agent  of  the  U.  S.,  114 
"       "  the  slaves  employed  at  Fort  Pulaski,  118 
"       "  the  pay  of  delegates  to  Montgomery 
and  Commissioners,  118,  124 

To  encourage  and  advance  home  institutions,  118 


414 


INDEX. 


RESOLUTIONS — Continued. 

Relative  to  the  death  of  Hon.  Chas.  Murphy,    119,  124 

Tendering  thanks  to  clergymen,                      120,  274 

Relative  to  sittings  of  Convention  at  Savannah,  124 

"      "  an  election  to  fill  vacancy  from  DeKalb,  124 

"      "  pay  of  Messenger  and  Door  Keeper,  124 

"      "  Cuba  Telegraph  Co.,  128 

*'  a  military  for  defence  of  the  State,  129 
"      President  and  delegates  taking  oath  to 

support  Constitution  of  Confederate  States,  131 
That  P.  F.  Hoyal  be  enrolled  as  a  delegate  from 

DeKalb,  131 
Relative  to  the  distribution  of  the  printed  Ad- 
dress of  the  committee  of  17,  132 
Relative  to  the  National  Capital,              132,  181,  213 
Approving  of  the  election  of  Hon.  Jeff.  Davis. 

and  Hon.  A.  H.  Stephens,  134 
Delegate  elect  from  DeKalb  may  sign  Ordinance 

of  Secession,                                      •  135 
Relative  to  school  books,                               136,  142 
Requesting  information  from  Gov.  relative  to  de- 
fences of  the  State,  136 
Committee  to  examine  into  the  defences  of  Savan- 
nah,                                                   137,  225,  230 
Relative  to  appointing  a  page,  138 
"      "     "  Gen.  David  E.  Twiggs,  140 
Col.  Hardee,  140 
Thanks  to  R.  R.  Cuyler,  Pres.,  &c,  141 
Relative  to  Pensioners  in  this  State,  143 
"       "    visiting  Fort  Pulaski,  149 
Gov.  to  furnish  side  arms  to  officers  of  Military 

Companies,                                               151,  199 
Thanks  to  President  and  Directors  of  certain  Rail- 
roads, 154 
Relative  to  printing  Constitution  of  Confederate 

States,  155 

Relative  to  Constitution  of  Confederate  States,  ISO 
That  a  Committee  be  appointed  to  arrange  ten 

Congressional  Districts,                              180,  198 
Relative  to  parties  engaged  in  the  military  service 

of  the  State  who  have  cases  in  Court,          181,  191 
Referring  Constitution  of  Confederate  States  to  a 

committee,  182 

Report  of  said  committee,  187 

That  a  committee  be  appointed  on  Printing,  183 

Committee  to  revise  Constitution  of  Ga.,  187 
Relative  to  removing  secrecy  from  proceedings  of 

Convention,                               *  191 


INDEX. 


41-3 


RESOLUTIONS — Continued. 

Ratification  of  Constitution  of  Confed.  States,  191 
Turning  over  troops  to  Confederate  States,  &c,  192,  276 
Delegates  who  were  absent  rnay  record  vote  on 

Ordinance  ratifying  Constitution,  196 
Relative  to  economy  in  public  expenditures,  197,  207,210 
Appointing  committee  to  report  Ordinance  to  re- 
duce salary  of  civil  officers,  197 
Investing  trust  funds  in  bonds  of  Conf.  States,  19S 
Revised  Code  of  Laws  of  this  State,  199 
Signing  Ordinance  ratifying  Constitution  of  Con- 
federate States,  199 
Bank  suspension — duties  on  imposts,  &c,         205,  282 
Adjournment,  27,  S9,  118,  120,  206,  219 

Compensation  of  delegate  from  Rabun,  214 
Rev.  Chas.  W.  Thomas,  217 
Officers  of  the  Navy  on  the  retired  list,  222,  283 

To  submit  the  Constitution  of  Ga.  to  the  people,  170 
To  print  10,000  copies  Constitution  of  Confed- 
erate States  and  State  of  Ga.,  273 
Thanks  to  Ga.  R.  R.  Co.,  275 
Thanks  to  Volunteer  Companies,  275,  279, 

Relative  to  Journals,  Secretary,  etc.,  27S 
"  "  pay  of  Assistant  Door  Keeper,  279 
"         "  duties  of  Treasurer,  280,  232 

"  "  the  Delegates  to  Congress  and  the  Pro- 
visional Government,  282 
Thanks  to  Hon.  Geo.  W.  Crawford,  Pres't  Conv.,  2S3 
That  secresy  be  removed  from  the  proceedings  2S4 
Thanks  to  Com.  on  "Constitution  and  Laws,"  &c,  254 
Gov.  to  issue  a  proclamation  for  election  required 

by  the  Constituttion,  301 
Resolutions  passed  by  the  Convention  and  signed 

bv  the  President,  394. 
REVISED  CODE  OF  LAWS, 

Resolutions  relative  to,  199,  396. 

RIGHTS— Bill  of,  96,  139,  195,  27  I 

An  enunciation  of  fundamental  principles,  193 
RULES  Of  the  Convention,  S,  10,  13 

SCHOOL  BOOKS, 

Resolution  relative  to,  136,  142,  143. 

SECESSION, 

Resolutions  declaring  the  right  and  duty  of  Geor- 
gia to  secede,  15 
Ordinance  of,  23,  31,  373 

"  "  to  be  engrossed  upon  parchment,  39 
Signing  of  Ordinance  of,  46 
Resolution  to  submit  ordinance  of,  to  the  people,  46 


410 


INDEX. 


SECESSION — Continued, 

Certified  copy  of  Ordinance  of,  to  be  sent  to  Gov. 

of  each  State,  &c,  47 
Resolution  relative  to  photograph  of  ordinance  of.  74 
Report  of  Committee  of  Seventeen,  104 
For  Ordinances  of,  of  S.  C,  Ala.,  Miss.,  and  La.,  see  appx. 

SECRETARY— Relative  to,  8,  13,  277. 

SENATORIALtDISTRICTS. — See  "Districts,"  in  index. 

SLAVE  TRADE, 

Ordinance  relative  to  the  African,  53,  59,  89,  375 

"       "    Inter-State,        59,  63,  89,  377. 

STANDING  COMMITTEES  appointed,  47. 

THANKS.— See  "  Resolutions,"  in  index. 

TREASON, 

An  Ordinance  to  define  and  declare  what  is  Trea- 
son and  Misprision  of  Treason  in  Georgia,  70,  88,  382 
TREASURER— STATE, 

Resolution  relative  to  duties  of,  280,  282. 

TRUST  FUNDS, 
Resolution  relative  to  investing  in  bonds  of  Con- 
federate States,  198,  396. 
VOLUNTEER  COMPANIES, 

Gov.  to  furnish  side  arms  to  officers  of,  151,  199 

Thanks  to,  of  Savannah,  275 
"       "    who  tendered  their  services  to  Gov.  279 
Gov.  to  pay,  employed  for  defence  of  State,     281,  390 
Resolution  relative  to  arming,  192 
YEAS  AND  NAYS, 

On  Mr.  Nisbet's  resolution  declaring  it  the  right 

and  duty  of  Ga.  to  secede,  20 
On  resolution  calling  upon  the  Gov.  for  information,  27 
On  preamble  &c,  offered  by  Mr.  Johnson  of  Jefferson,  32 
On  Ordinance  of  Secession,  35 
On  Ordinance  to  abolish  the  Circuit  and  District 

Courts  of  the  late  U.  S.  85 
On  motion  to  reconsider  Ordinance  relative  to 

Commercial  facilities  in  Ga.  100 
On  motion  that  Convention  reassemble  at  Savannah,  121 
On  the  Report  of  the  Committee  on  Reduction,  146 
On  subsititute  for  Ordinance  on  Reduction  of  Gen- 
eral Assembly,  156 
On  mileage  and  per  diem  of  Members,  18i 
On  Ordinaece  to  adopt  and  ratify  Constitution  of 

Confederate  States,  188 
On  motion  to  reconsider  matter  relative  to  reduc'n.  201 
On  resolution  relative  to  public  expenditures,  &c,  £C7 
On  Ordinance  to  perfect  organization  of  Senate  of  Ga.  215 
On  motions  to  amend  the  Constitution,  251, 257,  262,  £€5 


Georgia.  Convention.  1861 
Journal. . .  


^56918 


ISSUED  TO 


L 


